Healthcare Alert: State Medical Board of Ohio Updates Telemedicine Enforcement Date

Many Ohio physicians and physician assistants have been utilizing telemedicine more than ever since the COVID-19 pandemic began. While many successfully scrambled to launch a telemedicine platform as a necessity, many have also grown somewhat fond of telemedicine and incorporated it successfully and appropriately into their practices. However, the flexibility that allowed many to launch telemedicine and was set to end on September 17, 2021, will now end on December 31, 2021.

When Governor DeWine declared the Ohio state of emergency in March 2020, the State Medical Board of Ohio (the Board) announced that it was relaxing enforcement on the Ohio state law requirement that an in-person visit be conducted prior to any telemedicine encounter or prescribing controlled substances so long as the physician could meet minimal standards of care. This allowed many physicians and physician assistants to continue treating new patients and prescribing certain drugs without the need to see them for an in-person exam. Ohio Administrative Code 4731-11-09 prohibits a physician from prescribing a controlled substance to a person on whom the physician has never conducted an in-person exam with limited exceptions. Notably, physicians were already permitted to prescribe non-controlled substances via telemedicine provided they meet certain criteria.¹

On June 9, 2021, the Board voted to resume enforcement of the in-person requirement three months following the end of Ohio’s state of emergency. That date was originally set to be September 17, 2021. However, the Board in its most recent August 11, 2021 meeting extended the enforcement date of the original version of the telemedicine laws to December 31, 2021, to give health care providers more time to revert to the original guidance and establish appropriate operational processes to support compliance.

The Board also published an updated Frequently Asked Questions (FAQs) to address many of the questions it was receiving regarding telemedicine rules. This is a helpful read and can be found here.

Keep in mind the Board governs physicians and physician assistants, so these laws apply to both professions. For guidance regarding other health care professionals such as nurses (including advanced practice nurses), counselors, social workers and others, check with your respective professional boards regarding your legal obligations. If your practice is certified by the Ohio Mental Health and Addiction Services Board (OMHAS), that agency has also issued separate guidance. In any event, contact one of our health care attorneys with specific questions.