American Psychiatric Association – Telemedicine Prescribing of Controlled Substances: Your Legal & Regulatory Questions Answered
Nathaniel Lacktman, partner and chair of Foley’s Telemedicine & Digital Health Industry Team and chair-elect of the ATA Board of Directors, will be a speaker at the American Psychiatric Association Annual Meeting on May 20, 2025. Lacktman’s presentation is titled, “Telemedicine Prescribing of Controlled Substances: Your Legal & Regulatory Questions Answered.”
The rapid expansion of telehealth services in the last five years presented psychiatrists with unprecedented opportunities to provide timely and accessible patient care. And yet, prescribing controlled substances via telemedicine involves complex legal and regulatory frameworks at both the federal and state levels. This session will deliver a comprehensive overview of these frameworks — equipping clinicians with the knowledge to confidently incorporate telemedicine into their practice, whether in a single state or nationwide.
- We will examine the federal statutes and regulations that govern telemedicine prescribing of controlled substances. Particular attention will be paid to the Ryan Haight Online Pharmacy Consumer Protection Act, which introduced specific requirements for establishing a valid practitioner-patient relationship prior to prescribing controlled substances without an initial in-person evaluation.
- We will explore the DEA registration process, focusing on how telemedicine practice models interplay with DEA rules and creating a valid practice location even when no in-person exams are delivered.
- We will discuss the DEA’s proposed telemedicine special registration regulation and what to expect this year.
- The session will analyze state laws on telemedicine practice standards, which can vary widely and are often the source of operational and compliance challenges. Psychiatrists who seek to provide telemedicine services to patients across multiple states must navigate issues such as cross-state licensure, telehealth reimbursement parity laws, and Medical Board and Pharmacy Board rules on valid prescriptions of controlled substances in the absence of an in-person exam.
- Participants will share ideas on how to develop a policy and procedure on responding to mental health emergencies in a virtual care service model. We will address practical strategies for establishing a valid doctor-patient relationship when no in-person exam is performed. Attendees will learn about practice standards, the role of telehealth technology, and how to ensure informed patient consent.
- Through real-world scenarios and practical step-by-step guidance, participants will gain an actionable understanding of how these laws converge to shape legally compliant telepsychiatry prescribing while expanding access to care. The session will conclude with a 30-minute “ask me anything” discussion, where attendees can raise questions and explore scenarios within their own practices.
By the conclusion of this session, participants will have a nuanced understanding of the legal and practical considerations that shape telemedicine prescribing for psychiatric practice. Armed with this knowledge, psychiatrists will be better prepared to expand access to high-quality mental health care across geographic barriers while maintaining full compliance with federal and state laws.
As the leading psychiatric organization in the world, the American Psychiatric Association (APA) membership spans more than 100 countries, with over 38,900 members involved in psychiatric practice, research, and academia representing the diversity of the patients for whom they care. APA’s mission of is to promote universal and equitable access to the highest quality care for all people affected by mental disorders, including substance use disorders; promote psychiatric education and research; advance and represent the profession of psychiatry; and serve the professional needs of its membership. Learn more about APA and register for the Annual Meeting here.
Foley’s Telemedicine and Digital Health Industry Team, nationally ranked by Chambers, helps organizations and entrepreneurs embrace emerging issues in virtual care, enabling them to provide innovative care for patients in new markets around the block and around the world. Click here for more information on our Telemedicine and Digital Health Industry team.
