Telehealth Providers and Controlled Substances: Navigating the Challenges of Telehealth Prescribing
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Wednesday, August 10, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide healthcare counsel on the law pertinent to prescribing controlled substances via telehealth. The panel will examine state and federal requirements for prescribing controlled substances when not in person, the implications of public health emergency (PHE) waivers, and concerns about overprescribing. The panel will offer best practices for telehealth prescribing.
Dr. McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital health law and distance care. In this capacity he advises telehealth providers on licensure, the provider-patient relationship, corporate practice issues, scope of practice, online prescribing, credentialing and privileging, privacy, risk management, and reimbursement issues as they pertain to telemedicine. He also advises clients respecting the application of artificial intelligence to health care and research, and general health law and business matters. Dr. McMenamin is general counsel for the Virginia Telehealth Network, and a member of the Center for Telemedicine and eHealth Law (CTeL) Legal Resource Team. He frequently presents on virtual care and other cutting-edge health topics before both attorney and provider association conferences.
Mr. Fulginiti concentrates his practice in medical malpractice, and has defended a variety of healthcare providers, including physicians, nurses, group practices, nursing homes and hospitals. In addition to this practice, he has experience handling matters involving social services, where he represents a number of foster care and adoption agencies, along with local residential treatment facilities.
Ms. McGrath has over 20 years of experience in handling complex health care and medical malpractice litigation, and is a partner at Post & Post LLC. She has successfully represented health care providers from the beginning of litigation through verdict at trial, including physicians, physician assistants, behavioral health providers, physical therapists, nurse practitioners, health care practice groups, health care facilities and health care systems in courts across the Commonwealth of Pennsylvania. Ms. McGrath has been published and has lectured extensively both locally and nationally on many topics, including telehealth, HIPAA / privacy law and trends in medical malpractice litigation. She was identified as a Philadelphia Super Lawyers Rising Star from 2010 through 2013.
With the loosening of telehealth requirements, many healthcare providers have taken advantage of legal flexibilities and are providing care via telehealth. One of the challenges with providing telehealth services is prescribing controlled substances. The federal Controlled Substances Act and the Ryan Haight Act establish that, except in limited situations, an in-person examination is necessary before prescribing Sch. II-V drugs via telehealth.
Several states impose other restrictions, and state laws vary as to when and what is permitted via telehealth, including prescription renewals. For example, in April 2022, Florida sharply curtailed earlier restrictions on telemedicine prescribing of controlled substances. Under its new law, distance care prescribers need concern themselves with state-based restrictions only when writing for Schedule II drugs. Staying on top of different states' regulatory requirements is an ongoing challenge. Telehealth providers who operate in more than one state should consider all relevant state laws.
As reliance on telehealth increases, so will the enforcement efforts, especially when controlled substances are involved. It is critical for healthcare providers to understand the current requirements for prescribing controlled substances via telehealth and the concerns of DEA, FTC, and other agencies that might deem themselves obliged to investigate prescribing practices.
Listen as our authoritative panel of healthcare[jM1] attorneys examines the state and federal requirements for prescribing controlled substances when not in person, the implications of PHE waivers, and concerns regarding overprescribing. The panel will offer best practices for telehealth prescribing.
- Current requirements for prescribing controlled substances via telemedicine
- Federal
- State
- Implications of PHE waivers
- Pitfalls facing telehealth and the prescription of controlled substances
The panel will review these and other noteworthy issues:
- What are the challenges facing telehealth providers with respect to prescribing controlled substances, and what practices can be implemented to manage them?
- How has the PHE altered the landscape of telemedicine in general, and particularly regarding the prescription of controlled substances?
- What steps should counsel take to promote compliance when prescribing via telehealth?
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