Trending in Telehealth highlights monthly state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care.
Trending in September:
- Telehealth disciplinary guidelines
- Telepharmacy
- Behavioral health
A CLOSER LOOK
Proposed legislation & rulemaking:
- The Florida Board of Nursing proposed rules would update its disciplinary guidelines for telehealth registrants to identify additional violations subject to disciplinary actions. The proposed rules address violations such as failing to remit funds owed to the state Medicaid program following a final order, judgment, stipulation, or settlement and failing to comply with statutory requirements for refunding overpayments to patients. Disciplinary actions for these violations range from a minimum of license denial or suspension with a corrective action plan, to a maximum penalty of license revocation.
- The Louisiana Addictive Disorder Regulatory Authority (ADRA) proposed to adopt and enact LAC 46:LXXX § 2101 to align with the Louisiana Telehealth Access Act. This rule would allow ADRA-licensed professionals to provide addiction counseling, prevention services, and compulsive gambling counseling via telehealth to clients physically located in Louisiana during sessions.
- Maine’s Board of Licensure in Medicine proposed to update the rules for physician licensure, registration, notification, and continuing medical education. This revision would update the definition of telehealth to include audio-only technology when necessary and appropriate under the circumstances and if in compliance with the applicable standard of care.
- The New Jersey Board of Medical Examiners proposed a new rule to allow physicians to authorize medical cannabis use via telemedicine, when the use of telemedicine or telehealth is consistent with the standard of care. The physician may require in-office consultations if additional consultations are necessary.
- The Ohio Board of Pharmacy proposed a new rule that would allow a pharmacy licensed as a terminal distributor of dangerous drugs to dispense drugs and provide patient counseling and other pharmacist care through a telepharmacy system.
- The Wisconsin Pharmacy Examining Board accepted comments for an economic impact analysis prior to holding a public hearing on a proposed rule that would allow pharmacies to receive prescription orders through a HIPAA-compliant secure texting platform.
Finalized legislation & rulemaking activity:
- California enrolled several bills in September that cover areas such as Medi-Cal improvements, scope of practice for tele-veterinary services, and pilot programs:
- SB 530 passed both chambers and reinforces patient choice by requiring managed care plans to offer in-person services (even when telehealth meets access standards) if the patient prefers face-to-face care.
- AB 260 passed both chambers and shields healthcare professionals and facilities in California from civil or criminal actions or disciplinary or other administrative proceedings (e.g., licensure denial, suspension, or revocation) solely related to the provision of medication abortions out-of-state, regardless of federal actions or legal conditions in other states.
- AB 1503 passed both chambers. This bill prohibits any [...]
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