Knowledge Library

Update on EMTALA protections for medically necessary abortions in Idaho

There have been several recent developments in Idaho with regard to EMTALA protections for medically necessary abortions. First, on September 28th the Ninth Circuit Court of Appeals removed the injunction that allowed physicians in Idaho to perform abortion as part of medically necessary stabilizing care under the Emergency Medicine and Active Labor Act (EMTALA). As previously reported, after Idaho prohibited abortion in August 2022, the federal government sued Idaho under the premise that EMTALA preempted state law in cases of emergency.  The federal district court issued a preliminary injunction in that case; the injunction essentially created a requirement for physicians...

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New Law Alert 2023: Idaho

The Idaho legislature passed several bills impacting Idaho physicians. For a complete list of new healthcare laws, please see the Idaho Medical Association advocacy page. All laws are effective July 1, 2023 unless otherwise noted. Telehealth/Virtual Care Virtual Care Access Act (H 162): This Act clarifies virtual care practice requirements and addresses requirements for out-of-state providers treating patients via virtual care while the patient is located in Idaho. Mental, behavioral telehealth (H 61): House Bill 61 provides that a licensed mental or behavioral health provider who is not licensed in Idaho may provide telehealth services to an Idaho resident or...

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DEA Announces Proposed Telemedicine Rule Change for Controlled Substances

On 2/24/23 the U.S. Drug Enforcement Agency (DEA) announced a proposal for permanent rule changes to the Ryan Haight Act that will allow for the prescription of controlled substances through telemedicine, under certain circumstances, after the federal COVID-19 Public Health Emergency (PHE) expires on May 11, 2023. The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 requires prescribers conduct an in-person examination to evaluate each patient at least once before prescribing a controlled substance, even if a patient has already been taking the medication in question. During the PHE, the in-person requirement was changed to allow prescribers to perform...

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Nurse Practitioner Expanded Scope of Practice in California

Beginning in 2023, certified nurse practitioners can apply to practice independently in California.  Assembly Bill 890, which was signed into law in September 2020, went into effect on 1/1/23.  The law created two new categories of Nurse Practitioners (NPs) that can function within a defined scope of practice without standardized procedures. The California Board of Registered Nursing (BRN)recently released the application on February 2nd, so nurse practitioners are now able to apply for expanded scope of practice. The two new Nurse Practitioner categories and their requirements are as follows: 103 NP Works under the provisions outlined in Business and Profession Code...

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2023 New Law Alert: California

A variety of subjects impacting physicians were signed into law by Governor Newsom in 2022. Following is a sampling of new laws you should be aware of; all are effective by January 1, 2023 unless otherwise noted. A comprehensive report on new healthcare laws is available from the California Medical Association.   AB 35: Updates to the Medical Injury Compensation Reform Act (MICRA). Key provisions include a limited increase to the non-economic damage cap, a modified attorney fee structure, and a revised minimum threshold for payment for future economic damages following a judgment. Read our MICRA 2022 Update for details....

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