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

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, August 10, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 15, 2022

or call 1-800-926-7926

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.

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.

One of the significant concerns with online prescribing via telehealth is overprescribing. 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.

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Outline

  1. Current requirements for prescribing controlled substances via telemedicine
    1. Federal
    2. State
  2. Implications of PHE waivers
  3. Overprescribing concerns
  4. Best practices

Benefits

The panel will review these and other noteworthy issues:

  • What are the challenges facing telehealth providers with respect to prescribing controlled substances?
  • What are the concerns about overprescribing via telehealth?
  • What steps should counsel take to promote compliance when prescribing via telehealth?

Faculty

McMenamin, Joseph
Joseph P. McMenamin

Principal
McMenamin Law Offices

Mr. McMenamin concentrates his practice on advising clients on legal issues pertinent to telemedicine. Although most of...  |  Read More

Additional faculty
to be announced.
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Early Discount (through 07/15/22)

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Early Discount (through 07/15/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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