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Telehealth Providers and Controlled Substances: Navigating the Challenges of Telehealth Prescribing

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, May 21, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 25, 2025

or call 1-800-926-7926

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.

Description

With the loosening of pertinent telehealth restrictions, many healthcare providers have taken advantage of legal flexibilities and are providing care via telehealth. One of the challenges with providing telehealth services is prescribing controlled substances. The federal Controlled Substances Act and the Ryan Haight Act establish that, except in limited situations, an in-person examination is necessary before prescribing Sch. II-V drugs via telehealth.

Several states impose other restrictions, and state laws vary as to when and what is permitted via telehealth, including prescription renewals. Staying on top of different states' regulatory requirements is an ongoing challenge. Telehealth providers who operate in more than one state should consider all relevant state laws.

As reliance on telehealth increases and concerns about diversion intensify, so will the enforcement efforts, especially when controlled substances are involved. It is critical for healthcare providers to understand the current requirements for prescribing controlled substances via telehealth and the concerns of DEA, HHS, and other agencies that might deem themselves obliged to investigate prescribing practices.

Listen as our authoritative panel of healthcare attorneys examines the state and federal requirements for prescribing controlled substances when not in person, the implications of PHE waivers, and concerns regarding overprescribing. The panel will offer best practices for telehealth prescribing.

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Outline

  1. Current requirements for prescribing controlled substances via telemedicine
    1. Federal
    2. State
  2. Implications of PHE waivers
  3. 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

McGrath, Mary Kate
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

McMenamin, Joseph
Joseph P. McMenamin

Partner
Christian & Barton

Dr. McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital...  |  Read More

Attend on May 21

Early Discount (through 04/25/25)

Cannot Attend May 21?

Early Discount (through 04/25/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video