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:

• Licensure compacts
• Telepharmacies
• Telehealth practice standards

A CLOSER LOOK

Proposed Legislation & Rulemaking:

• In Michigan, House Bill 4169 was referred to the second committee after passing the first chamber. The bill would enact the Interstate Occupational Therapy Licensure Compact in Michigan. The compact is designed to facilitate use of telehealth technology to increase access to occupational therapy services.
• New York’s Assembly Bill 6799, which has passed both chambers, was delivered to the governor for review. The proposed legislation seeks to establish an education program for screening drug-induced movement disorders and specifically includes services provided via telehealth.
• In Ohio, Senate Bill 95 passed the second chamber. If enacted, the legislation would provide an exception to current state law that prohibits pharmacists from dispensing dangerous drugs through telehealth or virtual means. Under state law, dangerous drugs include prescription medications, schedule V controlled substances, injectables, biological products, and drugs with certain mandatory federal caution labels. The proposed legislation would create an allowance for remote dispensing pharmacies, which dispense drugs, counsel patients, and provide other pharmacist care through a telepharmacy system. Telepharmacy is a system that monitors the dispensing of drugs and provides for related drug utilization review and patient counseling services via electronic means. The dispensing of drugs at a remote dispensing pharmacy may include the dispensing of drug-therapy-related devices.

Finalized Legislation & Rulemaking Activity:

• In Delaware, the Board of Mental Health and Chemical Dependency Professionals final rule took effect, updating existing regulations that include telehealth practice standards. The board clarified that “face-to-face” services include both in-person and live video mental health counseling services. The board also removed the previous supervision requirement for counselor applicants that restricted the amount of supervision that could be credited for live video conferencing rather than in-person means.

Why it matters:

• Interstate licensure compacts are progressively expanding. Michigan’s proposed legislation to join the Interstate Occupational Therapy Licensure Compact demonstrates states’ ongoing interest in compacts that enable healthcare professionals to practice across state lines. These compacts can expand access to qualified practitioners in underserved and rural areas, enhance career flexibility, and reduce the administrative burdens associated with applying for multiple state licenses.
• States are adapting to the sustained significance of telehealth. Legislative and regulatory trends reflect a continued recognition that telehealth can be utilized for a wide variety of purposes, including provision of health services education (as in New York’s proposed bill) and supervisory training (as in Delaware’s final rule).

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 [...]

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