CLEAR

States introduce long-term telehealth legislation

In response to the COVID-19 pandemic, many states introduced or amended telehealth legislation on a temporary basis via waivers. Several states are now introducing legislation to allow telehealth on a more permanent basis.

According to Manatt's tracking, "Three states introduced legislation that would allow health care providers licensed, certified or registered in another state to provide services via telehealth to patients in state if specific criteria are met. One state has introduced a bill that specifically creates an allowance for out-of-state providers who deliver behavioral or mental health services. Three states introduced bills that would enable providers licensed in the state in which their patients are located to deliver telehealth services without being physically present in the state. Two states introduced bills that would require the creation of a commission or regulatory system to support and guide state actions related to out-of-state providers delivering care via telehealth."

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Legislative and policy trends upcoming in 2022

An article by Venable LLP outlines ten anticipated trends for the 2022 legislative session that could have an impact on occupational licensing boards.

Worker mobility legislation - Given the Biden administration's focus on addressing impediments to worker and economic mobility, the article suggests state regulatory bodies consider the uniformity of licensing requirements across the US.

Antitrust concerns - The article suggests a review of regulatory structures and level of state supervision to address continued antitrust enforcement.

Diversity, Equity and Inclusion  - The article suggests considering whether eligibility rules, education requirements, and other licensing criteria truly serve their purposes or are arbitrary and overly burdensome.

COVID-19 modifications - Licensing boards will need to be prepared for which changes legislatures will roll back or introduce for permanent adoption, particularly around telemedicine.

Read for the rest of the list.

Year-in-Review: 2021 Regulatory News Trends

CLEAR’s Regulatory News blog strives to bring you news and updates about what’s going on in the professional and occupational regulation arena. What were some of the trends we saw in 2021? The following is not a ranking of importance or an exhaustive list, but here are some of the themes we reported on in 2021:

• Disciplining practitioners for COVID mis/disinformation,
• Mobility,
• DEI and discrimination in regulation,
• Reducing barriers to licensure,
• Licensure issues for veterans and military members, and
• Telepractice.

Read the full year-in-review article

CLEAR will be releasing a podcast episode in February to review trends in professional regulation and hear reactions and further examples from international perspectives.

Update: Arizona passes broad telemedicine law

New telemedicine legislation in Arizona is the first of its kind to permanently allow out-of-state healthcare professionals to provide telemedicine services to Arizona patients. The law also ensures that telemedicine providers receive equal compensation from insurance companies for services as for in-person services.

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State-by-state report on telehealth

A new report from the Reason Foundation, the Cicero Institute, and the Pioneer Institute for Public Policy Research examines best practices in telehealth policies, considering modality-neutral options, supporting the ability of all practitioners to use telehealth, and allowing for interstate licensure. Twenty-two states allow any provider to use telehealth. More than half of states are modality-neutral, meaning allowing both synchronous and asynchronous forms of care. But almost all states have barriers to practicing telehealth across state lines.

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NABP releases task force reports

The National Association of Boards of Pharmacy's task force on state oversight on drug importation released a report focused on areas of concern for regulating prescription drug importation: supply chain issues, enforcement responsibility, Section 804 Importation Programs, patient safety, and the Drug Supply Chain Security Act. The task force recommends that NABP develop resources for boards to use in educating legislators when an importation bill is being considered, communicate with Canadian pharmacy regulators about NABP programs that can assist with regulatory oversight, and collaborate with other stakeholders to develop consumer education programs as well as educational tools for healthcare providers and regulators.

The Work Group to Consider Extending Waivers [issued during the pandemic] met and recommended changes to the Model State Pharmacy Act to reflect expanded pharmacist scope of practice to administer testing and vaccines, allowed alternatives to in-person counseling, use of remote Automated Pharmacy Systems, and other provisions during unusual public health circumstances or declared emergency.

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US: comments invited on telepharmacy regulations

The US Drug Enforcement Administration has released notice of proposed rulemaking on telepharmacy regulations. State regulatory authorities, professional associations, and the general public are invited to provide input "to more clearly identify how the telepharmacy practice operates and what industry-standard practices have developed over recent years."

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Increased demand for mental health care workers

The National Health Interview Survey found an increase in the percentage of adults who had received mental health treatment in the past 12 months - up to 20.3% in 2020 compared to 19.2% in 2019. The data show a disparity in treatment options for rural versus urban populations. Expanding telehealth options could increase access to care, including access to specialized care.

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Pennsylvania Senate passes telemedicine bill

The Pennsylvania Senate has approved a telemedicine bill aimed at overcoming distance-related barriers to patient care and reducing costs of services. The bill sets out a definition of telemedicine as "the delivery of health care services provided through telecommunications technology to a patient by a health care practitioner who is at a different location." The bill directs licensing boards to develop rules related to scope of practice and standards of care to allow anyone with a Pennsylvania medical license to provide telemedicine services. The bill also sets out requirements for insurance company reimbursement for telemedicine services.

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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.

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