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 09/01/2022

CMS: COVID-19 Frequently Asked Questions

STATUS: Active, Expires at end …

CMS: COVID-19 Frequently Asked Questions

STATUS: Active, Expires at end of PHE

Drug Enforcement Agency:  Questions and Answers for Telemedicine

STATUS: Active, Expires at end of PHE

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Alabama

Last updated 11/15/2022

No reference found.

No reference found.

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Alaska

Last updated 11/17/2022

STATUS: Varies, some expiration dates

STATUS: Varies, some expiration dates vary.

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 10/19/2022

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Active

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Active

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Arkansas

Last updated 10/17/2022

Previous COVID waivers expired.

Previous COVID waivers expired.

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California

Last updated 09/06/2022

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

STATUS: Active, expirations …

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

STATUS: Active, expirations vary. Federal policies are active during federal state of emergency/PHE

Medicaid: Narcotic Treatment Program

STATUS: Active, expiration varies depending on policy

Medical Board of California: FAQ on Internet Prescribing

STATUS: Active

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Colorado

Last updated 10/19/2022

Department of Health: COVID-19 Telehealth Regulation Changes

STATUS: Active

Division

Department of Health: COVID-19 Telehealth Regulation Changes

STATUS: Active

Division of Professions and Occupations: Emergency Regulations

STATUS: Active

Medical Board: Prescribing Rules

STATUS: Active

Nursing Board: Emergency Regulations

STATUS: Active

Dental Board: Prescribing Rules

STATUS: Active

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

STATUS: Active

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Connecticut

Last updated 08/10/2022

Delaware

Last updated 08/24/2022

Medicaid:  Telehealth and COVID FAQs

STATUS: Active, until further notice.…

Medicaid:  Telehealth and COVID FAQs

STATUS: Active, until further notice.

Medicaid: Changes to Telehealth Policy

STATUS: Active, until further notice.

Division of Professional Regulation:  Letter to Pharmacists RE Telehealth

STATUS: 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 09/03/2022

Health Regulation and Licensing Administration: Guidance on use of Telehealth

Health Regulation and Licensing Administration: Guidance on use of Telehealth in DC

STATUS: Active

Department of Health: Coronavirus (COVID-19) Online Consultation/Telemedicine (Medical Marijuana)

STATUS: Varies, some sections only active during DC PHE.

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Florida

Last updated 10/26/2022

Department of Health: Florida Telehealth 

STATUS: Active

Department of Health: …

Department of Health: Florida Telehealth 

STATUS: Active

Department of Health: Telehealth FAQs

STATUS: Active

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

STATUS: Active

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Georgia

Last updated 10/21/2022

No reference found.

No reference found.

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Hawaii

Last updated 10/29/2022

No reference found.

No reference found.

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Idaho

Last updated 08/22/2022

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 11/17/2022

No Reference Found

No Reference Found

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Indiana

Last updated 10/30/2022

Medicaid:  COVID-19 Telemedicine Billing Guidance

STATUS: IN PHE Expired, updates in BT 202142 and BT202145 for permanent policies.

Office of the Governor: Executive Order on Medicaid Telemedicine

STATUS: IN PHE Expired.

Professional Licensing Agency: COVID-19 Actions

STATUS: Active

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Iowa

Last updated 10/25/2022

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Kansas

Last updated 08/18/2022

Senate Bill 283:  Exceptions to Prescribing In-Person Requirement

STATUS: Enacted.  …

Senate Bill 283:  Exceptions to Prescribing In-Person Requirement

STATUS: Enacted.  Exception expired Mar. 31, 2022.

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Kentucky

Last updated 11/01/2022

Medicaid: COVID-19 FAQs on Telehealth

STATUS: Active, until end of federal PHE

Medicaid: COVID-19 FAQs on Telehealth

STATUS: Active, until end of federal PHE

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Louisiana

Last updated 11/03/2022

Maryland

Last updated 11/22/2022

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

Department of Health: FAQs on Telehealth

STATUS: Active

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

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Massachusetts

Last updated 11/18/2022

Medicaid: Access to Health Services Through Telehealth

STATUS: Permanent

Medicaid: …

Medicaid: Access to Health Services Through Telehealth

STATUS: Permanent

Medicaid: Updated MassHealth Telehealth Policy

STATUS: Bulletins 314 and are now expired 324. See Medicaid section for bulletin 327 as amended by Bulletin 355

Medicaid: MassHealth Coverage and Reimbursement Policy

STATUS: Active, until federal public health emergency ends.

Medicaid: COVID-19 FAQs for Behavioral Health Providers

STATUS: Active

Emergency Rule: COVID-19 payment rates for certain community health care providers

STATUS: Active

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Michigan

Last updated 11/22/2022

No reference found.

No reference found.

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Minnesota

Last updated 10/27/2022

No Reference Found.

No Reference Found.

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Mississippi

Last updated 11/17/2022

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Missouri

Last updated 08/22/2022

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Montana

Last updated 11/01/2022

Office of the Governor:  Montana State of Emergency Executive Order (2-2021)

STATUS:  Expired at end of MT State of Emergency.  Some policies were made permanent.

Office of the Governor: Directive Implementing EO 2-2021

STATUS:  Expired at end of MT State of Emergency.  Some policies were made permanent.

HB 43: Patient-Provider Relationship

STATUS: Enacted

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Nebraska

Last updated 11/18/2022

No Reference Found

No Reference Found

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Nevada

Last updated 11/04/2022

Medicaid: Update to Telehealth Services

STATUS: Unclear if still active. …

Medicaid: Update to Telehealth Services

STATUS: Unclear if still active. Still accessible on COVID Informational webpage.

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New Hampshire

Last updated 11/10/2022

No Reference Found

No Reference Found

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New Jersey

Last updated 09/06/2022

Division of Mental Health and Addiction Services: Telehealth for Opioid

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

STATUS: 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.

Office of Attorney General: Telemedicine Services for Those who qualify for medical marijuana

STATUS: Expired

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New Mexico

Last updated 10/28/2022

No Reference Found

No Reference Found

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New York

Last updated 08/25/2022

Office of Mental Health: Telemental Health and Program Guidance

STATUS: …

Office of Mental Health: Telemental Health and Program Guidance

STATUS: Based on Waiver believed to still be in effect (Most recent waiver reissued June 6, 2022 for 120 days).

Office of Mental Health: COVID-19 Disaster Emergency FAQ

STATUS: Active

Office of Mental Health: Prescription of Controlled Substances post-PHE Guidance

STATUS: Active

Medicaid: Final Rule Allowing Telehealth for Abortion Services

STATUS: Active

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North Carolina

Last updated 11/03/2022

Medical Board: Telemedicine FAQs

STATUS: Active

Medical Board: Telemedicine FAQs

STATUS: Active

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North Dakota

Last updated 11/08/2022

No Reference Found

No Reference Found

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Ohio

Last updated 09/07/2022

Medical Board:  Telemedicine Guidance

STATUS:  Varies.  OH State of Emergency …

Medical Board:  Telemedicine Guidance

STATUS:  Varies.  OH State of Emergency ended on June 18. Federal public health emergency is still active.

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 and Opioid Treatment Telehealth

STATUS:  Active, until document updated

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

STATUS:  Active, until document updated

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Oklahoma

Last updated 09/05/2022

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Oregon

Last updated 11/10/2022

Oregon Medical Board: COVID-19 Guidance

STATUS: Active. State of Emergency …

Oregon Medical Board: COVID-19 Guidance

STATUS: Active. State of Emergency expired June 30, 2022. Federal PHE still active.

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Pennsylvania

Last updated 09/06/2022

Medicaid:  Behavioral Health Managed Care Organizations

STATUS: Expired, replaced by

Medicaid:  Behavioral Health Managed Care Organizations

STATUS: Expired, replaced by permanent policy, OMHSAS-22-02

Department of State:  Buprenorphine treatment via telemedicine

STATUS: Active, until Oct. 2022

Department of State: Waived and Suspended Licensing Regulations

STATUS: Active

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Puerto Rico

Last updated 09/01/2022

Ruling Letter CN – 2020-274-D

Status: Appears to be Active…

Ruling Letter CN – 2020-274-D

Status: Appears to be Active

20 LPRA Section 6011/

Status: Status: Active 30 days past the end of the Puerto Rico PHE

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 10/21/2022

No Reference Found

No Reference Found

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South Dakota

Last updated 11/10/2022

No Reference Found

No Reference Found

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Tennessee

Last updated 09/04/2022

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

READ LESS

Texas

Last updated 09/07/2022

Medical Board: FAQs Regarding Telemedicine during COVID-19

STATUS: Varies

Medical …

Medical Board: FAQs Regarding Telemedicine during COVID-19

STATUS: Varies

Medical Board:  Treatment of Chronic Pain

STATUS: Permanent

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Utah

Last updated 08/23/2022

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Vermont

Last updated 10/28/2022

No Reference Found

No Reference Found

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Virgin Islands

Last updated 09/08/2022

No reference found.

No reference found.

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Virginia

Last updated 11/23/2022

Board of Medicine:  COVID-19 Announcements

STATUS: Webpage no longer reflects …

Board of Medicine:  COVID-19 Announcements

STATUS: Webpage no longer reflects COVID-19 announcements only.

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Washington

Last updated 08/26/2022

Medicaid: COVID-19 and Opioid Treatment Programs FAQ

STATUS: Active

Medicaid: …

Wisconsin

Last updated 11/21/2022

Medicaid: Changes to Narcotic Treatment Services

STATUS: Active, policy will …

Medicaid: Changes to Narcotic Treatment Services

STATUS: Active, policy will continue through end of federal PHE see alert

 

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Wyoming

Last updated 10/20/2022

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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COVID-19

Easing Prescribing Requirements

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