General Members Area Preferred Members Area

UPDATED: 3/31/2020

SMALL BUSINESS ADMINISTRATION: PAYCHECK PROTECTION LOAN PROGRAM AND OTHERS: 

MEDICARE: At President Trump’s direction, the Centers for Medicare & Medicaid Services (CMS) today is issuing an unprecedented array of temporary regulatory waivers and new rules to equip the American healthcare system with maximum flexibility to respond to the 2019 Novel Coronavirus (COVID-19) pandemic. To read about all the changes, follow this link to CMS's news release and internal links

UPDATED: 3/23/2020

Here's a link to my updated article [to be added by 10 pm ET on 3/23/2020] offering some things to think about relative to whether you can perform procedures and prescribe controlled medications during "shelter in place" or "safer at home" initiatives and in light of many Executive Orders issued by state governors.

LINKS TO HELPFUL WEBSITES AND LANGUAGE

We have created a library linking in DEA and other federal agency information, as well as state licensing board and department of health web pages. We will update this page as necessary. Email jbolen@legalsideofpain.com if you have any questions. We are in the office and handling inquiries daily. Stay well and thank you for your continued business.

Electronic Prescribing of Controlled Substance (EPCS)

DEA Policy: Questions and Answers for Prescribing Practitioners (EPCS)

DEA Guidance: Use of Mobile Devices in the Issuance of EPCS

Telemedicine AFTER MARCH 16, 2020

On March 16, 2020, the Secretary, with the concurrence of the Acting DEA Administrator, designated that the telemedicine allowance under section 802(54)(D) applies to all schedule II-V controlled substances in all areas of the United States. Accordingly, as of March 16, 2020, and continuing for as long as the Secretary’s designation of a public health emergency remains in effect, DEA-registered practitioners in all areas of the United States may issue prescriptions for all schedule II-V controlled substances to patients for whom they have not conducted an in-person medical evaluation, provided all of the following conditions are met:

  • The prescription is issued for a legitimate medical purpose by a practitioner acting in the usual course of his/her professional practice;
  • The telemedicine communication is conducted using an audio-visual, real-time, two-way interactive communication system; and
  • The practitioner is acting in accordance with applicable Federal and State laws.

Provided the practitioner satisfies the above requirements, the practitioner may issue the prescription using any of the methods of prescribing currently available and in the manner set forth in the DEA regulations. Thus, the practitioner may issue a prescription either electronically (for schedules II-V) or by calling in an emergency schedule II prescription to the pharmacy, or by calling in a schedule III-V prescription to the pharmacy.

The term "practitioner" in this context includes a physician, dentist, veterinarian, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which s/he practices to prescribe controlled substances in the course of his/her professional practice (21 U.S.C. 802(21)).

Important note: If the prescribing practitioner has previously conducted an in-person medical evaluation of the patient, the practitioner may issue a prescription for a controlled substance after having communicated with the patient via telemedicine, or any other means, regardless of whether a public health emergency has been declared by the Secretary of Health and Human Services, so long as the prescription is issued for a legitimate medical purpose and the practitioner is acting in the usual course of his/her professional practice. In addition, for the prescription to be valid, the practitioner must comply with applicable Federal and State laws.

Telemedicine PRIOR TO MARCH 16, 2020

On January 31, 2020, the Secretary of the Department of Health and Human Services issues a public health emergency (HHS Public Health Emergency Declaration).

Question: Can telemedicine now be used under the conditions outlined in Title 21, United States Code (U.S.C.), Section 802(54)(D)?

Answer: Yes

While a prescription for a controlled substance issued by means of the Internet (including telemedicine) must generally be predicated on an in-person medical evaluation (21 U.S.C. 829(e)), the Controlled Substances Act contains certain exceptions to this requirement. One such exception occurs when the Secretary of Health and Human Services has declared a public health emergency under 42 U.S.C. 247d (section 319 of the Public Health Service Act), as set forth in 21 U.S.C. 802(54)(D). Secretary Azar declared such a public health emergency with regard to COVID-19 on January 31, 2020. (https://www.hhs.gov/about/news/2020/01/31/secretary-azar-declares-public-health-emergency-us-2019-novel-coronavirus.html). For as long as the Secretary’s designation of a public health emergency remains in effect, DEA-registered practitioners may issue prescriptions for controlled substances to patients for whom they have not conducted an in-person medical evaluation, provided all of the following conditions are met:

  • The prescription is issued for a legitimate medical purpose by a practitioner acting in the usual course of his/her professional practice
  • The telemedicine communication is conducted using an audio-visual, real-time, two-way interactive communication system.
  • The practitioner is acting in accordance with applicable Federal and State law.

Provided the practitioner satisfies the above requirements, the practitioner may issue the prescription using any of the methods of prescribing currently available and in the manner set forth in the DEA regulations. Thus, the practitioner may issue a prescription either electronically (for schedules II-V) or by calling in an emergency schedule II prescription to the pharmacy, or by calling in a schedule III-V prescription to the pharmacy.

Important note: If the prescribing practitioner has previously conducted an in-person medical evaluation of the patient, the practitioner may issue a prescription for a controlled substance after having communicated with the patient via telemedicine, or any other means, regardless of whether a public health emergency has been declared by the Secretary of Health and Human Services, so long as the prescription is issued for a legitimate medical purpose and the practitioner is acting in the usual course of his/her professional practice. In addition, for the prescription to be valid, the practitioner must comply with any applicable State laws.

Medicated Assisted Treatment (MAT)

DEA Guidance: Exemption Allowing Alternate Delivery Methods for OTPs

DEA Guidance: Use of Telemedicine While Providing Medication Assisted Treatment (MAT)

Substance Abuse and Mental Health Services Administration (SAMHSA): OTP Update Page

SAMHSA: COVID-19 Guidance for Opioid Treatment Programs

Important Federal Links

Government Response to Coronavirus, COVID-19

Centers for Disease Control and Prevention

Department of Health and Human Services

Substance Abuse and Mental Health Services Administration

DEA Significant Guidance Document Portal

Federal Emergency Management Agency

Coronavirus.gov

Important State Links

A-F; G-K; L-N; O-T; U-Z

Alabama

Alabama Board of Medical Examiners & Medical Licensure Commission of Alabama

Alabama Board of Pharmacy

Alabama Emergency Management Agency

Alaska

Alaska State Medical Board

Alaska State Pharmacy Board

Alaska Division of Homeland Security & Emergency Management

Arizona

Arizona Medical Board

Arizona State Board of Pharmacy

Arizona Department of Homeland Security

Arizona Department of Emergency and Military Affairs

Arkansas

Arkansas State Medical Board

Arkansas State Board of Pharmacy

Arkansas Division of Emergency Management

California

Medical Board of California

California State Board of Pharmacy

California Governor’s Office of Emergency Services

Colorado

Colorado Medical Board

Colorado State Pharmacy Board

Colorado Division of Homeland Security & Emergency Management

Connecticut

Connecticut Medical Examining Board

The Connecticut Commission of Pharmacy

Connecticut Division of Emergency Management and Homeland Security

Delaware

Delaware Board of Medical Licensure and Discipline

Delaware Board of Pharmacy

Delaware Department of Safety and Homeland Security

Delaware Emergency Management Agency

District of Columbia

District of Columbia Medical Board/Board of Health

District of Columbia Pharmacy Board

District of Columbia Emergency Management Services

Florida

Florida Board of Medicine

Florida Board of Pharmacy

Florida Division of Emergency Management

Georgia

Georgia Composite Medical Board

Georgia Board of Pharmacy

Georgia Emergency Management and Homeland Security Agency

Hawaii

Hawaii Medical Board

Hawaii Board of Pharmacy

Hawaii Emergency Management Agency

Idaho

Idaho Board of Medicine

Idaho State Board of Pharmacy

Idaho Office of Emergency Management

Illinois

Illinois Department of Financial and Professional Regulation – State Medical Licensing Board

Illinois Department of Financial and Professional Regulation – State Board of Pharmacy

Illinois Emergency Management Agency

Indiana

Medical Licensing Board of Indiana

Indiana Board of Pharmacy

Indiana Emergency Management – Indiana Department of Homeland Security

Iowa

Iowa Board of Medicine

Iowa Board of Pharmacy

Iowa Homeland Security & Emergency Management

Kansas

Kansas Board of Healing Arts

Kansas Board of Pharmacy

Kansas Department of Emergency Management

Kentucky

Kentucky Board of Medical Licensure

Kentucky Board of Pharmacy

Kentucky Office of Homeland Security

Kentucky Emergency Management

Louisiana

Louisiana State Board of Medical Examiners

Louisiana Board of Pharmacy

State of Louisiana Governor’s Office of Homeland Security and Emergency Preparedness

Maine

Maine State Medical Board/Board of Health

Maine State Pharmacy Board

Maine Emergency Management Services

Maryland

Maryland State Medical Board/Board of Health

Maryland State Pharmacy Board

Maryland Emergency Management Services

Massachusetts

Massachusetts State Medical Board/Board of Health

Massachusetts State Pharmacy Board

Massachusetts Emergency Management Services

Michigan

Michigan State Medical Board

Michigan State Pharmacy Board/Department of Health

Michigan Emergency Management Services

Minnesota

Minnesota State Medical Board

Minnesota State Pharmacy Board

Minnesota Emergency Management Services

Mississippi

Mississippi State Medical Board

Mississippi State Pharmacy Board

Mississippi Emergency Management Services

Missouri

Missouri State Medical Board/Board of Health

Missouri State Pharmacy Board

Missouri Emergency Management Services

Montana

Montana State Medical Board/Board of Health

Montana State Pharmacy Board

Montana Emergency Management Services

Nebraska

Nebraska State Medical Board/Board of Health

Nebraska State Pharmacy Board

Nebraska Emergency Management Services

Nevada

Nevada State Medical Board/Board of Health

Nevada State Pharmacy Board

Nevada Emergency Management Services

New Hampshire

New Hampshire State Medical Board/Board of Health

New Hampshire State Pharmacy Board

New Hampshire Emergency Management Services

New Jersey

New Jersey State Medical Board/Board of Health

New Jersey State Pharmacy Board

New Jersey Emergency Management Services

New Mexico

New Mexico State Medical Board/Board of Health

New Mexico State Pharmacy Board

New Mexico Emergency Management Services

New York

New York State Medical Board/Board of Health

New York State Pharmacy Board

New York Emergency Management Services

North Carolina

North Carolina State Medical Board/Board of Health

North Carolina State Pharmacy Board

North Carolina Emergency Management Services

North Dakota

North Dakota State Medical Board/Board of Health

North Dakota State Pharmacy Board

North Dakota Emergency Management Services

Ohio

Ohio State Medical Board/Board of Health

Ohio State Pharmacy Board

Ohio Emergency Management Services

Oklahoma

Oklahoma State Medical Board/Board of Health

Oklahoma State Pharmacy Board

Oklahoma Emergency Management Services

Oregon

Oregon State Medical Board/Board of Health

Oregon State Pharmacy Board

Oregon Emergency Management Services

Pennsylvania

Pennsylvania State Medical Board/Board of Health

Pennsylvania State Pharmacy Board

Pennsylvania Emergency Management Services

Rhode Island

Rhode Island State Medical Board/Board of Health

Rhode Island State Pharmacy Board

Rhode Island Emergency Management Services

South Carolina

South Carolina State Medical Board/Board of Health

South Carolina State Pharmacy Board

South Carolina Emergency Management Services

South Dakota

South Dakota State Medical Board/Board of Health

South Dakota State Pharmacy Board

South Dakota Emergency Management Services

Tennessee

Tennessee State Medical Board/Board of Health

Tennessee State Pharmacy Board

Tennessee Emergency Management Services

Texas

Texas State Medical Board/Board of Health

Texas State Pharmacy Board

Texas Emergency Management Services

Utah

Utah State Medical Board/Board of Health

Utah State Pharmacy Board

Utah Emergency Management Services

Vermont

Vermont State Medical Board/Board of Health

Vermont State Pharmacy Board

Vermont Emergency Management Services

Virginia

Virginia State Medical Board/Board of Health

Virginia State Pharmacy Board

Virginia Emergency Management Services

Washington

Washington State Medical Board/Board of Health

Washington State Pharmacy Board

Washington Emergency Management Services

West Virginia

West Virginia State Medical Board/Board of Health

West Virginia State Pharmacy Board

West Virginia Emergency Management Services

Wisconsin

Wisconsin State Medical Board/Board of Health

Wisconsin State Pharmacy Board

Wisconsin Emergency Management Services

Wyoming

Wyoming State Medical Board/Board of Health

Wyoming State Pharmacy Board

Wyoming Emergency Management Services