This bill changes federal rules about prescribing certain controlled substances by telehealth. It lets psychiatrists and psychiatric-mental health advanced practice nurses prescribe FDA-approved mental health controlled substances after at least one telehealth evaluation. It also allows prescribing certain medications for opioid use disorder after at least one telehealth evaluation.
The bill creates detailed definitions and rules for "telehealth entities" and "telehealth practitioners." Telehealth entities must meet staffing, compensation, monitoring, and accreditation requirements unless they are exempt entities (for example, a federally qualified health center, hospital, nonprofit, or government agency). Telehealth practitioners are defined as psychiatrists or psychiatric-mental health advanced practice nurses who meet work-hour and compensation rules and are employed or contracted by a telehealth entity.
Pharmacies may not refuse to fill a controlled-substance prescription solely because it was issued via telehealth. Before refusing, a pharmacist must try to contact the patient and prescriber to resolve concerns. A civil penalty of up to $25,000 per violation is included for violating this rule.
The bill removes two existing statutory provisions about telemedicine definitions and a special telemedicine registration. It also says that prescribers who dispense controlled substances by telemedicine do not need separate DEA registrations for each State in which the patient is located. A registrant employed by a telehealth entity may use the telehealth entity's address as a principal place of business in limited circumstances.
For psychiatrists, the bill allows a covered psychiatrist who has liability insurance and meets other conditions to provide telehealth psychiatry services to patients in other States. The bill defines covered psychiatry services, primary and secondary State, and what it means for licensure to be "substantially similar."
The bill states that its provisions supersede and preempt any State law that would prohibit or restrict activities the bill allows. Most changes take effect on the date of enactment.
No publicly available information on overall program costs or savings. The bill does include a civil penalty provision of up to $25,000 per violation for persons who violate the pharmacist-refusal rule.
No publicly available information.
No publicly available information.