CLEAR

Alaska considers bills for expanded telehealth and compact participation

Two bills have been introduced during a special legislative session in Alaska in response to the need for additional licensed healthcare professionals due to the ongoing COVID-19 surge. One bill would expand telehealth to allow out-of-state providers to offer telehealth services to Alaska patients without obtaining an Alaska license if they are in good standing in their home jurisdiction. Another bill would allow Alaska to join the Nurse Licensure Compact.

Read more

Researchers propose framework for reshaping the health workforce

Researchers with Health Affairs Journal have proposed a health workforce policies framework to "ensure that the significant investments of public funds into various health workforce programs are spent effectively and yield improved patient and population health outcomes." The framework focuses on the production of healthcare workers to address population health priorities, workforce distribution and expansion of telehealth to address gaps by specialty and setting, workforce resilience by addressing financial and emotional security and safety of health workers, and maximizing potential by addressing scope of practice and reconfiguration of teams within health systems.

Read more

CSG releases report assessing COVID-19 occupational licensing policy actions

The Council of State Governments has released a report, "Assessing COVID-19 Occupational Licensing Policy Actions." The report details emergency policies enacted by states during the pandemic, including temporary and expedited licensure, expanded scopes of practice, telelhealth, and suspension or waiver of licensing requirements. The report recommends strategies to improve state resiliency against disaster events, including recommendations for telehealth policies, features needed for modernized online licensing systems, and interstate compacts. The report also encourages use of an independent committee to assess the performance, benefits, and concerns of any emergency policies to determine which are suited to become permanent.

Read more

New licensing laws in effect in Texas

Several laws went into effect September 1 affecting the Texas department of Licensing and Regulation. The TDLR has been extended for 12 years, with the next sunset review scheduled for 2033. Some professions have been deregulated: polygraph examiners, wig stylists and wig salons, and combative sports event coordinator and others. The barbering program and the cosmetology program are combined into a new board. Under SB40 and HB4, telehealth and telemedicine will be allowed for programs administered by TDLR.

Read more

Indiana: federal court strikes down abortion law restrictions

A federal judge in Indiana has struck down a ban on using telemedicine for abortion care. Abortion providers will now be able to offer medication abortion via telemedicine and informed consent documentation via virtual care. Patients will no longer have to have an in-person physical exam before a medication abortion, and advanced practice clinicians such as physician assistants and nurse practitioners will have authority to dispense abortion-inducing drugs. Also, doctors will no longer be required to provide patients with certain pre-care information that the judge found to be without scientific evidence and misleading.

Read more

New York: telehealth waivers expire, but new guidance issued

The governor's office in New York has declared that the telehealth emergency waivers have expired, but the New York State Department of Health has issued a new guidance document maintaining the ability of Medicaid providers to use telemedicine and digital health as long as the federal public health emergency is in effect. The Department of Health may issue permanent Medicaid telehealth rules in the near future. The current guidance defines telehealth, allows the patient's home to be the originating site for healthcare delivery, and allows the distant site (where the provider is located) to be anywhere within the United States or its territories.

Read more

Florida bill considers veterinary telemedicine

SB 1370 under consideration in Florida would redefine the veterinarian/client/patient relationship and allow for veterinary telemedicine. A Veterinarian/client/patient relationship could be established in-person or via audio-visual technology. Veterinary telemedicine would not require a physical exam for telemedicine services such as consultation and prescription of drugs for nutrition, training, dermatalogical conditions and anxiety.

Read more

Arizona: legislation to make telehealth provisions permanent

After temporary executive orders issued during the pandemic to allow physicians licensed in other states to be issued a provisional Arizona medical license to practice telemedicine, Arizona's governor intends to introduce legislation to make the changes permanent. Is such legislation passed, Arizona could be the first state to permanently allow telehealth services rendered by out-of-state licensed practitioners.

Read more

New telehealth law in Massachusetts

Recent legislation in Massachusetts includes formalization of telehealth provisions. The Act includes a definition of telehealth to include "synchronous or asynchronous audio, video, electronic media or other telecommunications technology. . . for the purpose of evaluating, diagnosing, consulting, prescribing, treating or monitoring of a patient's physical health, oral health, mental health or substance use disorder condition.” The Medical Board has previously issued a policy that a face-to-face encounter between the patient and physician is not necessary prior to telemedicine services. The Act requires the Medical Board to allow credentialing and privileging by proxy.

Read more

Annual Telemental Health Laws Survey released

Epstein Becker Green has released their annual "Telemental Health Laws Survey," a review of behavioral telehealth legislation, regulation and policies for the 50 US states, DC, and Puerto Rico. The report noted a trend of increased government attention on behavioral telehealth, specifically in the context of COVID-19 and emergency orders at the state level.  The report found that "all states required telehealth providers to hold a state professional license, while 10 issue special telemedicine licenses to out-of-state physicians that sidestep the need for a full professional license. A growing number of states are allowing non-controlled substances to be prescribed through telehealth without a prior in-person examination, and about half of them have data privacy or confidentially measures in place that go above and beyond requiring health care providers merely to follow federal and state privacy/confidentiality requirements pertaining to medicine."

Read more