The first email was sent in 1971, the first text message in 1992, and people sharing their thoughts have not paused since. Those novelties are now commonplace to virtually everyone, including physicians and other healthcare providers communicating about patients—and sometimes about adverse events. Because they are ubiquitous and seemingly ethereal, it’s easy—especially for less-experienced physicians—to forget that emails and (some) texts are part of the medical record, including some messages that could one day be excerpted and projected during a medical malpractice trial. In the investigation of a medical professional liability (MPL) claim or lawsuit, emails or texts sent to...
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...
DEA Extends COVID Telemedicine Prescribing Rules for Controlled Substances
UPDATE: DEA and HHS Extend Telemedicine Flexibilities through 2024 October 9, 2023 Statement from the DEA on Telemedicine Flexibilities deadline: "We continue to carefully consider the input received and are working to promulgate a final set of telemedicine regulations by the fall of 2024, giving patients and medical practitioners time to plan for, and adapt to, the new rules once issued. Accordingly, DEA, jointly with the Department of Health and Human Services (HHS), has extended current telemedicine flexibilities through December 31, 2024. The full text of the extension, entitled “Second Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled...
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...
On 1/30/23 the U.S. Department of Health and Human Services announced that the federal COVID-19 Public Health Emergency, which was first issued in 2020 and extended for another 90 days on January 11th, will not be extended further. Thus, the public health emergency will expire on May 11, 2023. The HHS recently posted a Transition Roadmap Fact Sheet that discusses what will and will not be affected by the expiration of the public health emergency. One of the several affected regulations relates to the prescription of controlled substances: “The ability of health care providers to safely dispense controlled substances via...