Trending in Telehealth: October 21 – 28, 2024

By , and on October 31, 2024
Posted In Telehealth

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care.

Trending in the past week:

  • Professional standards
  • Marriage and family therapy services
  • Advance practice registered nurses (APRNs)

A CLOSER LOOK

Finalized Rulemaking:

  • The Arkansas Department of Health adopted a final rule setting forth requirements for the provision of marriage and family therapy services. The rule defines telemedicine and requires that a therapist-client relationship be established prior to the delivery of telemedicine services. Counselors and therapists also must document the treatment record, establish protocols for emergency services referrals, and provide the client with an electronic or hard copy of the treatment record documenting the encounter, if requested. While group therapy may be delivered via telemedicine, the rule precludes the use of group therapy for individuals 18 years of age or younger.
  • The Arkansas Board of Nursing adopted a final rule imposing requirements for APRNs providing care via telemedicine. Like the rule promulgated by the Department of Health, this rule requires APRNs to establish an APRN-patient relationship prior to the delivery of telemedicine services. An APRN rendering telemedicine services in Arkansas must be licensed to practice nursing in the state and cannot prescribe controlled substances unless the APRN has seen the patient for an in-person exam or a relationship exists through consultation or referral.

Why it matters:

  • States continue to implement rules to ensure that virtual care is delivered effectively, safely, and ethically. The Arkansas Department of Health and Board of Nursing enacted similar regulations, mandating that practitioners adhere to specific professional standards, including those related to scope of practice and licensure.
  • With the election less than one week away, legislative and regulatory activity remains slow. We anticipate an uptick in telehealth-related activity once the election concludes.

Telehealth is an important development in care delivery, but the regulatory patchwork is complicated. The McDermott digital health team works alongside the industry’s leading providers, payors, and technology innovators to help them enter new markets, break down barriers to delivering accessible care, and mitigate enforcement risk through proactive compliance.

Renae Flowers
Renae N. Flowers provides knowledge management solutions to support a broad range of healthcare clients. As knowledge management counsel, she leverages data analytics, technology and AI-based tools to support efficient and cost-effective client services. Renae curates, creates and updates relevant precedents and other substantive healthcare regulatory content. Read Renae's full bio here.


Lauren Ellison
Lauren Ellison is a member of the Healthcare Practice Group. While earning her law degree, Lauren served as a summer associate at McDermott, as the managing editor of the Georgetown Food and Drug Law Journal and as a judicial intern for the Honorable F. Keith Ball of the US District Court for the Southern District of Mississippi. She also served as a student attorney at the Health Justice Alliance. Read Amanda Enyeart's full bio.


Jayda Greco
Jayda Greco works at the intersection of healthcare regulatory, privacy and compliance, product counseling and marketing law, with particular emphasis on digital health products and services. Often working cross-functionally with stakeholders in sales, finance, marketing and product, Jayda is adept at devising creative and practical legal solutions for digital health initiatives to meet business objectives. View Jayda's full bio here.

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