Knowledge Library

DEA Extends COVID Telemedicine Prescribing Rules for Controlled Substances

On May 3rd the U.S. Drug Enforcement Administration announced that it had temporarily extended the COVID-19 telemedicine flexibilities for prescribing controlled substances. This decision, which referenced the 38,000 public comments submitted since the proposed telemedicine rules were first announced in February, will allow the DEA to consider further changes to those rules before they are finalized. For details on the proposed DEA rules, please see our article DEA Announces Proposed Telemedicine Rule Change for Controlled Substances. The rules, which had been set to take effect with the expiration of the federal COVID Public Health Emergency (PHE) on May 11th, are...

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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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COVID Public Health Emergency to End in May 2023

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...

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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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