Update on Controlled Substances and Telehealth Prescribing
On June 14th the U.S. Drug Enforcement Agency (DEA) submitted their long-awaited final rule for telehealth prescribing of controlled substances to the White House Office of Management and Budget (OMB) for a final rule before publication. The rules are expected to be published sometime prior to December 2024. As previously reported, in May 2023 the DEA had temporarily extended the COVID-19 telemedicine flexibilities for prescribing controlled substances. By way of background, The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 requires prescribers to conduct an in-person examination to evaluate each new patient at least once before prescribing a controlled substance. After...
The Hawaii Legislature and Governor Josh Green, MD, have enacted significant legislation impacting Hawaii physicians. For a broad report on healthcare legislation enacted, see the Hawaii Medical Association 2024 Legislative Report. Provider Orders for Life Sustaining Treatment (POLST) Effective immediately, this measure (SB 2529) amends the definition of “patient’s provider” initiating POLST orders by removing language that requires the provider to “examine” the patient. Entities testifying in support of the amended law noted that this “examination” requirement often resulted in delays in completing and/or updating a patient’s POLST, particularly for patients in hospice care. The amended law recognizes that “POLST...
Three new laws impacting the practice of medicine were recently passed by the Alaska State legislature. Importantly, these laws are expected to be signed by the Governor but are not yet effective at the time of writing this post. Senate Bill 91: Telehealth and Multidisciplinary Care Teams. This new law expands HB 265 that was passed in 2022. The changes now allow out-of-state physicians and multidisciplinary care team members to provide telehealth services when an Alaskan needs to receive ongoing treatment or follow-up care for a suspected or diagnosed life-threatening condition. Senate Bill 45: Direct Healthcare Agreements. This new...
As it is every year, numerous pieces of legislation impacting physicians were signed into law in California in 2023. The following new health laws are particularly relevant to physician practices and medical professional liability. This alert is based on information obtained from the California Medical Association. All laws are effective January 1, 2024, unless otherwise noted. Allied Health Professionals: AB 1070 – Supervision of Physician Assistants: Exceptions Permits a physician and surgeon to supervise up to 8 physician assistants at one time if all the physician assistants are focused solely on performing in-home health evaluations to gather patient information and...
MPL Defense Verdict Bolstered by Appropriate Consent Process
This case study was put together by our partners at CRICO and was written by Margaret Janes, Senior Program Director Patient Safety and Education Description Discussion with the patient about risks, benefits, and alternatives of a procedure helped in defense of a known surgical complication. Key Lessons Informed consent is a conversation with the patient that covers both what the patient may think is important and what the physician thinks is important Documentation in the medical record of discussions with the patient, beyond the informed consent form, will help support care provided in the event of an unexpected outcome Managing...