Telehealth Providers and Controlled Substances: Navigating the Challenges of Telehealth Prescribing
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will guide healthcare counsel on the law pertinent to prescribing controlled substances via telehealth. The panel will examine state and federal requirements for prescribing controlled substances when not in person, the implications of public health emergency (PHE) waivers, and concerns about overprescribing. The panel will offer recommendations to decrease risk in telehealth prescribing.
Outline
- Current requirements for prescribing controlled substances via telemedicine
- Federal
- State
- Implications of PHE waivers
- Pitfalls facing telehealth providers and the prescription of controlled substances
Benefits
The panel will review these and other noteworthy issues:
- What are the challenges facing telehealth providers with respect to prescribing controlled substances, and what practices can be implemented to manage them?
- How has the PHE altered the landscape of telemedicine in general, and particularly regarding the prescription of controlled substances?
- What steps should counsel take to promote compliance when prescribing via telehealth?
Faculty

Mary Kate McGrath
Partner
Post & Post
Ms. McGrath has over 20 years of experience in handling complex health care and medical malpractice litigation,... | Read More
Ms. McGrath has over 20 years of experience in handling complex health care and medical malpractice litigation, and is a partner at Post & Post LLC. She has successfully represented health care providers from the beginning of litigation through verdict at trial, including physicians, physician assistants, behavioral health providers, physical therapists, nurse practitioners, health care practice groups, health care facilities and health care systems in courts across the Commonwealth of Pennsylvania. Ms. McGrath has been published and has lectured extensively both locally and nationally on many topics, including telehealth, HIPAA / privacy law and trends in medical malpractice litigation. She was identified as a Philadelphia Super Lawyers Rising Star from 2010 through 2013.
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Joseph P. McMenamin
Partner
Christian & Barton
Dr. McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital... | Read More
Dr. McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital health law and distance care. In this capacity he advises telehealth providers on licensure, the provider-patient relationship, corporate practice issues, scope of practice, online prescribing, credentialing and privileging, privacy, risk management, and reimbursement issues as they pertain to telemedicine. He also advises clients respecting the application of artificial intelligence to health care and research, and general health law and business matters. Dr. McMenamin is general counsel for the Virginia Telehealth Network, and a member of the Center for Telemedicine and eHealth Law (CTeL) Legal Resource Team. He frequently presents on virtual care and other cutting-edge health topics before both attorney and provider association conferences.
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