Nathaniel Lacktman Comments on Prospect of Regressive DEA Stance on Telemedicine Prescribing of Controlled Substances
Foley & Lardner LLP partner Nathaniel Lacktman, chair of the firm’s national Telemedicine & Digital Health Industry Team and member of the American Telemedicine Association Board of Directors, offered insight on how providers might prepare if the U.S. Drug Enforcement Agency issues regressive regulations on telemedicine prescribing in the Modern Healthcare article, “Specter of strict DEA prescribing rule rattles telehealth sector.”
Lacktman said that under the Ryan Haight Act, providers may remotely prescribe in certain circumstances, such as when patients are in hospital, clinics, Veterans Health Administration or Indian Health Service facilities, during a public health emergency declaration, or as permitted by other laws and regulations. He continued that clinicians who do not qualify under the Act should consider their obligations for continuity of care for patients, as state medical boards often require clinicians give at least 30 days’ notice if they must discontinue treatment.
Lacktman added that telemedicine providers without physical locations could consider ways to fulfill the Act’s single in-person evaluation requirement, such as through house calls or at health fairs, and clinicians should also be mindful of the DEA state-by-state registration requirements.
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Foley’s Telemedicine and Digital Health Industry Team 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. Nationally recognized by Chambers USA, where clients have called Foley “the premier firm for telehealth counsel,” “a market leader in telemedicine issues,” and “the Dream Team,” Foley’s Telemedicine and Digital Health Industry Team members are frequently recognized for their unparalleled insight and knowledge of the industry.
