Telehealth Providers and Controlled Substances: Navigating the Challenges of Telehealth Prescribing

Description

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.