Under the federal Ryan Haight Act (the “Act”), prescribers must ordinarily perform an in-person medical evaluation of a patient before using the Internet to prescribe controlled substances for that patient. The Act contains an exception to the in-person evaluation requirement when prescribing is done via the “practice of telemedicine,” as defined in the Act. The Act’s definition of telemedicine includes the practice of medicine by means of an acceptable telecommunication system during a public health emergency declared by the Secretary of Health and Human Services (the “Secretary”), with the concurrence of the federal Attorney General through the Drug Enforcement Administration (“DEA”).
Continue Reading Prescribers May Forego In-Person Medical Exam When Prescribing Controlled Substances via the Internet During COVID-19 Public Health Emergency