CLEAR

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."

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Bills in US Congress regarding health license portability

The Equal Access to Care Act would allow health care practitioners to deliver telehealth services in any US jurisdiction without having to obtain a license in each jurisdiction. Practitioners would be subject to only the laws and regulations in the state where they are licensed, regardless of the state where the patient is located. The law would be in effect for 180 days after the end of the federal emergency declaration.

The Temporary Reciprocity to Ensure Access to Treatment Act would allow health care professionals to practice in person or via telehealth anywhere in the US if they are in good standing in one jurisdiction. The law would only be in effect during both a Public Health Emergency as declared by the Secretary of Health and Human Services and a national emergency as declared by the President, and for 180 days after the emergency declarations end. 

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Delaware: expanded telemedicine signed into law

Delaware Governor John Carney has signed into law changes to telemedicine provisions that were implemented in response to the COVID-19 pandemic. The law will allow for phone-based visits with healthcare providers, allowing increased access to patients in rural or remote areas, those with technology limitations, and those with transportation limitations.

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Massachusetts introduces bill for telehealth and scope of practice expansion

The Patients First Act introduced in the Massachusetts Legislature would make telehealth services permanently available to patients by requiring insurance carriers to cover services, including services through audio-only telephone calls. The bill would also expand the scope of practice of registered nurse practitioners, nurse anesthetists, and psychiatric nurse mental health specialists to allow independent practice if training and initial supervision requirements are met. A new license would also be created for "dental therapists."

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PA Governor: ending emergency declaration would affect license renewal requirements

As the Pennsylvania General Assembly considers ending the disaster declaration, the Governor has outlined the impact in several areas, including that license renewal and training requirement suspensions for licensed professionals would end. Such professionals would need to cease working until credentials could be renewed or training requirements completed. Telehealth services provided by out-of-state providers would also end.

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Guidance on international telemedicine regulations

This article offers some guidance for deciphering international telehealth regulations.
"While some countries provide a legal definition of telemedicine, the definitions vary tremendously in scope and breadth. Various countries provide no 'telemedicine' definition under applicable law. But the regulatory framework for rendering traditional health care services may nevertheless apply in ways that limit a foreign provider’s services into the country or that cause the provider to be directly subject to supervision and oversight of local medical regulatory boards."

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Health policy researcher calls for making changes permanent

A health policy researcher with the Dartmouth Institute for Health Policy and Clinical Practice calls for some state actions and changes to the healthcare system in response to COVID-19 to be "boundless and permanent." In this article, he focuses on deregulatory trends in healthcare policy: reciprocity of occupational licenses, relaxing requirements for inactive licensees to return to practice, expanding scope of practice, lifting telemedicine regulations, and temporarily suspending continuing education requirements.

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Vermont expedites healthcare professional licensure

A new temporary law in Vermont allows healthcare and mental health professionals with licenses in other states to practice in Vermont without the usual requirements to obtain a Vermont license. Those with an inactive Vermont license within the last three years may also reactivate their licenses. New graduates who have been unable to take their licensing exam can be issued temporary licenses without paying licensure fees. The new law also expands access to telehealth and allows pharmacists to extend previously prescribed maintenance prescriptions or provide substitution of medications if originally prescribed drugs are unavailable.

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India issues Telemedicine Practice Guidelines

The Ministry of Health and Family Welfare in India has amended the Indian Medical Council Act to add Telemedicine Practice Guidelines. The Guidelines "recognize the significance and value of the practice of telemedicine in times of pandemic and infectious diseases." The Guidelines incorporate the World Health Organization's definition of telemedicine and the New England Journal of Medicine's definition of telehealth. Only Registered Medical Practitioners can practice telemedicine, and all professional and ethical norms and standards for in-person care still apply. Telemedicine may only be practiced with patients in India. An online training course in telemedicine will be required.

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States to temporarily allow inactive healthcare practitioners to practice

The Illinois Department of Financial and Professional Regulation has announced a proclamation to allow out-of-state healthcare providers to provide medical services related to COVID-19. Licensees whose status is inactive, non-renewed or expired will also be able to temporarily restore their licenses if they meet criteria and practice under the Illinois Emergency Management Agency , Department of Public Health or a federally qualified facility.

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The Pennsylvania Bureau of Professional and Occupational Affairs is also allowing inactive or retired licensees in good standing to reactivate their licenses. In-state and out-of-state healthcare providers are now also authorized to treat patients via telemedicine.

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