COVID-19

Easing Prescribing Requirements

When COVID-19 occurred, many states were silent or put restrictions on the prescribing of scheduled drugs and/or controlled substances via telehealth.  During the COVID-19 public health emergency (PHE), states that had stricter laws or regulations on prescribing eased them, often allowing the patient-provider relationship to be established via telehealth where they may not have previously. These policies are temporary and most will expire at the end of the PHE.

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Disclaimer

PLEASE NOTE: CCHP is providing the following for informational purposes only. We are not providing legal advice or interpretation of the laws and regulations and policies. CCHP encourages you to check with the appropriate state agency for further information and direction. This information should not be construed as legal counsel. Consult with an attorney if you are seeking a legal opinion.

Federal

Last updated 06/30/2023

Drug Enforcement Agency: COVID-19 FAQs

STATUS: Active, see temporary extension

Drug Enforcement Agency: COVID-19 FAQs

STATUS: Active, see temporary extension until Nov. 11, 2024.

Drug Enforcement Agency:  Buprenorphine and Telephone

STATUS: Active, see temporary extension until Nov. 11, 2024.

Drug Enforcement Agency:  Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medication

STATUS:  The full set of telemedicine flexibilities regarding prescription of controlled medications as were in place during the COVID-19 PHE will remain in place through November 11, 2023. Additionally, for any practitioner-patient telemedicine relationships that have been or will be established on or before November 11, 2023, the full set of telemedicine flexibilities regarding prescription of controlled medications as were in place during the COVID-19 PHE will continue to be permitted via a one-year grace period through November 11, 2024. In other words, if a patient and a practitioner have established a telemedicine relationship on or before November 11, 2023, the same telemedicine flexibilities that have governed the relationship to that point are permitted until November 11, 2024.

Drug Enforcement Agency:  Announcement on COVID Prescribing Flexibilities

STATUS: Proposes permanent changes.

Drug Enforcement Agency:  Proposed Rule on Prescribing Controlled Substances.

STATUS: Proposes permanent changes.

Drug Enforcement Agency: Proposed rule on Expansion of Induction of Buprenorphine via Telemedicine

STATUS: Proposes permanent changes.

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Alabama

Last updated 06/19/2023

No reference found.

No reference found.

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Alaska

Last updated 02/08/2023

STATUS: Website hosting FAQs still active. Likely still effective given notice of telehealth flexibility extension until proposed regulations are effective.

Alaska Department of Commerce, Community, and Economic Development: Telehealth and Licensing During COVID-19

STATUS: Temporary allowances expired.  Document also outlines permanent policies.

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Arizona

Last updated 05/31/2023

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Page Active. Updated …

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Page Active. Updated 6/1/23.  Expiration of telehealth flexibilities vary. Some are permanent and some expired at end of the COVID-19 emergency declaration.

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Arkansas

Last updated 05/31/2023

Previous COVID waivers expired.

Previous COVID waivers expired.

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California

Last updated 06/28/2023

Medicaid: DHCS COVID-19 Medication-Assisted Treatment and Telehealth

STATUS: Varies, many policies expired at end of PHE.

Medicaid: Narcotic Treatment Program

STATUS: Varies, many policies expired at end of PHE.

Medical Board of California: FAQ on Internet Prescribing

STATUS: Active

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Colorado

Last updated 08/04/2023

STATUS: Active.

Department of Health: COVID-19 Telehealth Regulation Changes

STATUS: Active.

Division of Professions and Occupations: Emergency Regulations

STATUS: Active, however, website states emergency rules related to COVID-19 expired May 4, 2023.

Department of Regulatory Agencies: FAQs on COVID-19 Telehealth Services

STATUS: Active and still available on Dept. of Regulatory Agencies COVID-19 Website (under Insurance), however other documents available on the website state that they have not been updated in light of the expiration of most statewide mandates.

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Connecticut

Last updated 07/14/2023

Delaware

Last updated 07/21/2023

Medicaid:  Telehealth and COVID FAQs

STATUS: Still accessible on main

Medicaid:  Telehealth and COVID FAQs

STATUS: Still accessible on main COVID page, unclear if still active.

Medicaid: Changes to Telehealth Policy

STATUS: Still accessible on main COVID page, unclear if still active.

HB 160: Permanent Private Payer Telehealth Expansions – Made audio-only flexibility permanent and removed in-person requirements in certain instances

STATUS: Enacted (Most provisions took effect July 1, 2021)

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District of Columbia

Last updated 06/12/2023

Health Regulation and Licensing Administration: Guidance on use of Telehealth

Florida

Last updated 06/13/2023

Department of Health: Telehealth FAQs

STATUS: Permanent

Florida Board of …

Department of Health: Telehealth FAQs

STATUS: Permanent

Florida Board of Medicine: Updates for health care providers regarding expiration of emergency orders

STATUS: Expired

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Georgia

Last updated 05/31/2023

No reference found.

No reference found.

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Hawaii

Last updated 06/09/2023

No reference found.

No reference found.

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Idaho

Last updated 06/29/2023

ID Statute 54-5707: Allows prescribing via telehealth in compliance with …

ID Statute 54-5707: Allows prescribing via telehealth in compliance with federal law

STATUS: Enacted

HB 394: Extends effective dates including HB 38/ID Statute 54-5707 to on and after July 1, 2021.

STATUS: Enacted

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Illinois

Last updated 06/21/2023

No Reference Found

No Reference Found

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Indiana

Last updated 06/23/2023

Professional Licensing Agency: COVID-19 Actions

STATUS: Expired.

Professional Licensing Agency: COVID-19 Actions

STATUS: Expired.

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Iowa

Last updated 08/15/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Kansas

Last updated 07/02/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Kentucky

Last updated 07/12/2023

Medicaid: COVID-19 FAQs on Telehealth

STATUS: Still accessible on main

Medicaid: COVID-19 FAQs on Telehealth

STATUS: Still accessible on main COVID page.  Many flexibilities expired, while others were made permanent.  FAQ updated 3/11/23.

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Louisiana

Last updated 06/05/2023

Medicaid: Overall Telehealth/Telemedicine Update

STATUS: Bulletin retired.

Medicaid: Overall Telehealth/Telemedicine Update

STATUS: Bulletin retired.

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Maine

Last updated 05/24/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Maryland

Last updated 05/24/2023

Medicaid: FAQs for Opioid Treatment Program and Buprenorphine Providers

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Behavioral Health COVID FAQs

STATUS: Varies, legislation temporarily extends some flexibilities

Maryland Board of Physicians: FAQs for Telehealth

STATUS: Active

Office of the Governor: Executive Order terminates emergency and previous orders, though many flexibilities extended by legislation

STATUS: Enacted

HB 123/SB 3 : Extends many telehealth flexibilities including relaxed originating site restrictions, as well as audio-only and parity until June 30, 2023

STATUS: Enacted

HB 1148/SB 582/SB 534: Effective June 1, 2023, extends audio-only and parity until June 30, 2025

STATUS: Enacted

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Massachusetts

Last updated 08/08/2023

Medicaid: Updated MassHealth Telehealth Policy

STATUS: Expired Sept. 30, 2023.  …

Medicaid: Updated MassHealth Telehealth Policy

STATUS: Expired Sept. 30, 2023.  Replaced by Bulletin 374.

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Michigan

Last updated 09/05/2023

No reference found.

No reference found.

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Minnesota

Last updated 06/27/2023

No Reference Found.

No Reference Found.

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Mississippi

Last updated 08/08/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Missouri

Last updated 09/05/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Montana

Last updated 06/05/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Nebraska

Last updated 08/08/2023

No Reference Found

No Reference Found

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Nevada

Last updated 07/17/2023

Medicaid: Update to Telehealth Services

STATUS: Still accessible on COVID

Medicaid: Update to Telehealth Services

STATUS: Still accessible on COVID Informational webpage (right sidebar). PHE Unwinding was implemented April 1, 2023.  Some telehealth flexibilities made permanent through SPA 22-0012. Also see PHE Unwinding Plan.

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New Hampshire

Last updated 07/13/2023

No Reference Found

No Reference Found

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New Jersey

Last updated 08/14/2023

Division of Mental Health and Addiction Services: Telehealth for Opioid

Division of Mental Health and Addiction Services: Telehealth for Opioid Treatment Programs

STATUS: Still available on COVID information page, but likely no longer active.

Department of Consumer Affairs: Allows health care practitioners to utilize telemedicine encounters to meet prescribing requirements

STATUS: Active, until end of state of emergency or public health emergency, whichever is later. PHE has ended, but state of emergency is still active.

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New Mexico

Last updated 06/19/2023

No Reference Found

No Reference Found

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New York

Last updated 06/01/2023

Office of Mental Health: Prescription of Controlled Substances after the Federal Public Health Emergency for COVID-19

STATUS: Active

Office of Mental Health: Telemental Health and Program Guidance

STATUS: NY state of emergency ended and Commissioner’s Regulatory Waiver expired but prescribing provisions still relevant at this time.

Office of Mental Health: Telehealth Services Guidance for OMH Providers

STATUS: Active

Medicaid: Final Rule Allowing Telehealth for Abortion Services

STATUS: Active

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North Carolina

Last updated 07/17/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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North Dakota

Last updated 06/13/2023

No Reference Found

No Reference Found

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Ohio

Last updated 06/07/2023

Dept. of Mental Health & Addiction: COVID-19 Telehealth FAQs

STATUS:  …

Dept. of Mental Health & Addiction: COVID-19 Telehealth FAQs

STATUS:  Varies. Mix of temporary expired policies and permanent policies.

Mental Health and Addiction Services: COVID-19 Guidance for Office Based Opioid Treatment

STATUS:  Review of permanent policies. Still accessible on state Telehealth webpage.

Mental Health and Addiction Services: Guidance for Behavioral Health

STATUS:  Review of permanent policies. Still accessible on state Telehealth webpage.

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Oklahoma

Last updated 07/02/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Oregon

Last updated 07/31/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Pennsylvania

Last updated 09/10/2023

Department of State: Frequently Asked Questions

STATUS: PA prescribing flexibilities …

Department of State: Frequently Asked Questions

STATUS: PA prescribing flexibilities extended to May 11, 2024.

Department of State: Waived and Suspended Licensing Regulations

STATUS: Expired on or prior to October 31, 2022.

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Puerto Rico

Last updated 07/12/2023

Ruling Letter CN – 2020-274-D

Status: Repealed

20 LPRA Section 6011/

Status: Expired

Admin Order 470

Status: Appears to be Active

Admin Order 449

Status: Appears to be Active

Admin Order 438

Status: Appears to be Active

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Rhode Island

Last updated 05/24/2023

No Reference Found

No Reference Found

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South Dakota

Last updated 07/31/2023

No Reference Found

No Reference Found

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Tennessee

Last updated 08/30/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Texas

Last updated 08/21/2023

TX Medical Board, Physician Assistant Board and Acupuncture Examiners:  Allowance

TX Medical Board, Physician Assistant Board and Acupuncture Examiners:  Allowance to establish physician-patient relationship via telephone

Status: Telemedicine Waiver Expired

Medical Board: FAQs Regarding Telemedicine during COVID-19

STATUS: Still listed on TX Medical Board Coronavirus webpage, but most policies expired.

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Utah

Last updated 06/27/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Vermont

Last updated 07/12/2023

No Reference Found

No Reference Found

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Virgin Islands

Last updated 07/25/2023

No reference found.

No reference found.

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Virginia

Last updated 08/15/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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West Virginia

Last updated 05/25/2023

Office of the Governor: Executive Order 17-20 – Waived In-Person Prescribing Requirements in Certain Instances

STATUS: Expired (Proclamation Ending State of Emergency – Effective January 1, 2023 – terminated remaining emergency-related orders).

Board of Medicine: COVID-19 Information

STATUS: Prescribing provisions appear to have expired with emergency

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Wisconsin

Last updated 08/30/2023

Medicaid: Changes to Narcotic Treatment Services

STATUS: Expired.  Temporary policy …

Medicaid: Changes to Narcotic Treatment Services

STATUS: Expired.  Temporary policy expired.  See: Telehealth Unwinding Alert.

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Wyoming

Last updated 05/24/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

READ LESS

COVID-19

Easing Prescribing Requirements

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