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.
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.
Outline
- Current requirements for prescribing controlled substances via telemedicine
- Federal
- State
- Implications of PHE waivers
- Pitfalls facing telehealth and the prescription of controlled substances
Benefits
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?