Each state has its own laws which means we have 50 different layers of guidance when it comes to the requirements for an initial patient interaction prior to administering treatment. After the on-set of COVID, many states adopted new laws regarding the use of telehealth. Unfortunately, there is not one specific rule that applies. The only constant is that wherever a patient is at the time of exam, is where the provider/prescribe must be licensed. From there, state law takes over. In many states, treatments can occur via telehealth, but the big hurdle is when it comes to prescribing controlled substances. Many states still fall in line with current Federal law, which prohibits the prescribing of controlled substances without first seeing a patient in person. Florida, has gone further in the progression by allowing prescription of controlled substances via telehealth, and even re-defining telehealth in many cases to require only audio interactions. Federal law, however, is in a holding pattern until next year (meaning, the laws are lax and currently exempt), allowing for prescribing of controlled substances after only a telehealth interaction, if deemed appropriate by the prescriber. It’s important to keep an eye on this before building a clinic model around it.
