DEA Extends Telemedicine Prescribing Flexibilities Through 2026
Just before the clock struck midnight on the New Year, the DEA issued a long-awaited formal statement clarifying the federal rules for prescribing controlled substances through telemedicine in the coming year. Since May 2023, the U.S. Drug Enforcement Agency (DEA) has repeatedly extended the COVID-19 telemedicine flexibilities for prescribing controlled substances, which had been set to expire at the end of the federal COVID Public Health Emergency (PHE). The flexibilities affected an important requirement of The Ryan Haight Online Pharmacy Consumer Protection Act of 2008, which requires prescribers to conduct an in-person examination (i.e. in a medical office) to evaluate each...
California SB 1451 and Impacts on Independent Nurse Practitioners
Among the new legislation in California that went into effect in 2025, one law includes some important changes that are likely to further stimulate the growth of independent nurse practitioners (NPs) in California. In 2023, the California Board of Registered Nursing (BRN) began accepting applications for a certification that allows experienced NPs to practice without the need for standardized procedures that outline scope of practice. The new designation, known as a “103” NP, requires NPs to have worked in good standing in California for at least 3 years and requires independently practicing 103 NPs to work in a group setting...
The first few months of 2025 have seen some significant developments in the legal landscape of reproductive care in Idaho following the 2022 ruling in Dobbs v. Jackson and the subsequent prohibition of abortion in Idaho. For related developments leading up to this year, see Update on Dobbs and Obstetrical Care in Idaho. Most recent news: January 2025- St. Luke’s Healthcare in Boise, ID filed a lawsuit (St. Luke’s v. Labrador) in which they seek a declaratory judgment that invalidates Idaho’s abortion prohibition, to the extent that it conflicts with the Emergency Medicine Treatment and Labor Act (EMTALA). As...
Last year, numerous pieces of legislation impacting physicians were signed into law in California. The following new health laws are particularly relevant to physician practices and medical professional liability. This alert is based in part on information obtained from the California Medical Association. All laws are effective January 1, 2025, unless otherwise noted. New California Healthcare laws by topic: Allied Health Professionals: SB 1451 – Professions and vocations Prohibits anyone other than a licensed physician and surgeon from using “doctor,” “physician,” “Dr.,” “M.D.,” “D.O.,” or any other terms or letters implying the person is a physician, in a health care setting....
The Emergency Medical Treatment and Labor Act (EMTALA) of 1986 is a federal law aimed at ensuring public access to emergency medical services regardless of a patient's ability to pay for those services. The primary intent of EMTALA is to prevent instances of "patient dumping," in which hospitals refuse to treat uninsured patients or transfer them to other facilities without providing adequate medical evaluation and care. EMTALA imposes several requirements on Medicare-participating hospitals that offer emergency services, and physicians with staff privileges at those hospitals may also have individual obligations under EMTALA. Hospital Requirements When a patient arrives at a...