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:

• Interstate compacts
• Behavioral health
• Veterinary services
• Disciplinary guidelines

A CLOSER LOOK

Proposed Legislation & Rulemaking:

• In Washington, the Veterinary Board of Governors proposed amendments to board regulations to address the provision of veterinary services via telehealth. The proposed rule would permit licensed veterinarians to use telehealth to provide general health advice and emergency animal care advice, prescribe non-controlled substance sedation medication to facilitate transportation to an in-person visit, and, in certain circumstances, to dispense non-controlled substance medications prescribed by another veterinarian. Once a veterinarian-client-patient relationship had been established, the proposed rule would permit ongoing care to be provided via telemedicine.
• In California, the Board of Behavioral Sciences proposed amendments to its telehealth rule to require licensed providers rendering services via telehealth to employ technologies, methods, and equipment that comply with all applicable federal and state privacy, confidentiality, and security laws, including HIPAA and the California Confidentiality of Medical Information Act.
• South Carolina’s Department of Public Health released a proposal to permit licensed opioid treatment programs to perform the required initial screening examination via telehealth for patients admitted for treatment with buprenorphine or methadone. The proposed rule would require the use of audio-visual communications when evaluating patients for treatment using Schedule II medications but would permit use of audio-only platforms when treating patients with Schedule III medications.

Finalized Legislation & Rulemaking Activity:

• The Florida Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling finalized a set of guidelines that the board must follow when imposing disciplinary penalties upon telehealth registrants. The penalties include fines, reprimands, suspension with a corrective action plan, and revocation of the individual’s license.
• In the District of Columbia, the mayor signed a bill (B 25-287) in which DC joins the Interstate Counseling Compact.

Why it matters:

• Adoption of interstate licensure compacts continues to grow. Over the past year, there has been a notable trend of adoption of interstate licensure compacts for a wide range of providers. Even during slow periods for legislative and regulatory activity, DC’s adoption of the Interstate Counseling Compact reflects continued interest in these compacts.
• States continue to adapt to the ongoing relevance of telehealth as a method of care delivery. The rule amendments proposed in Washington to permit the delivery of veterinary services via telehealth reflects ongoing recognition that telehealth can be used to provide a wide range of health services. The recently adopted disciplinary guidelines in Florida demonstrate how states have begun to adopt regulations specifically with telehealth in mind.

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 [...]

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