August Regulatory Update

Here is our monthly regulatory update. See below for changes from several states introducing legislation. A big thanks to our compliance team, who monitors state, federal, and international updates. 

US Drug Enforcement Administration (DEA):

Public Notice: The DEA has issued a notice of a public listening session requesting input concerning the practice of telemedicine with regards to controlled substances and potential safeguards that could effectively prevent and detect diversion of controlled substances prescribed via telemedicine. All interested persons are invited to express their views concerning the advisability of permitting telemedicine prescribing of certain controlled substances without any in-person medical evaluation at all, the availability and types of data that would be useful in detecting diversion of controlled substances via telemedicine that are either already reported or could be reported, and specific additional safeguards that could be placed around the prescribing of schedule II controlled substances via telemedicine. 

The listening sessions will be held on Tuesday, September 12, 2023, and Wednesday, September 13, 2023, from 9 a.m. to 5:30 p.m. at DEA Headquarters, 700 Army Navy Drive, Arlington, VA 22202; (202) 307–1000. Persons wishing to attend the listening sessions in person, space permitting, must complete and submit the attendance form available at DEA’s Diversion Control Division website, https://apps.deadiversion.usdoj.gov/​ListeningSession, no later than August 21, 2023. The listening sessions will also be live streamed online.

DEA Public Listening Sessions.

To comply with the Consolidated Appropriations Act of 2023, a one-time 8-hour training must be completed by all DEA-registered practitioners, except veterinarians, on the treatment and management of patients with opioid or other substance use disorders. Beginning on June 27, 2023, all DEA-registered and new medical practitioners are required to attest to completion of the training when renewing or completing an initial registration.                                                     

DEA MATE Training

Centers for Medicare & Medicaid Services (CMS):

CMS has issued rule revisions which require physicians who certify hospice services for Medicare beneficiaries to be enrolled in or validly opted-out of Medicare as a prerequisite for the payment of the hospice service. This rule will be effective on October 1, 2023 and implemented May 1, 2024.                            

CMS Rule Update

Medical Licensure Compact: 

The Interstate Medical Licensure Compact was passed in Hawaii and Missouri, on June 22, 2023 and July 6, 2023, respectively. Both states are currently in implementation. The Compact now has 39 states, the District of Columbia and the Territory of Guam as members. There is currently legislation pending in 3 states – Massachusetts, New York, and North Carolina.                                                

IMLC 7/2023 Press Release

Alabama: 

The State Board of Pharmacy has initiated the process to create a permanent rule concerning remote work by pharmacists. The board approved an emergency rule in June, 2023 allowing for remote work by pharmacists meeting the requirements for patient safety and HIPAA compliance. 

AL Emergency Rule 6/2023

AL Proposed Rule

Florida:

Florida has enacted legislation that changed background screening requirements, including those for people affiliated with certain qualified entities. Among other things, this new law has expanded the records that can be checked in a level 2 screening, and mandates that a level 2 screening must include a check of the sex offender registry. Effective July 1, 2023 and implemented by January 1, 2025. 

FL SB676

Georgia:

The Georgia Composite Medical Board (GCMB) has announced it will begin using VeriDoc.org to process licensure verification for Acupuncture licenses (both full and limited licenses). Additional licenses already verified through VeriDoc include Physicians, Residency Training Permits, Physician Assistants, Respiratory Care Professionals, and Genetic Counselors. 

GA GCMB VeriDoc Announcement

Louisiana:

The State Board of Medicine Examiners has announced it is engaged in a rulemaking effort which will require all new licensees to take a laws and rules course as a condition of first renewal. This already is in place for physicians and will be extended to Occupational Therapists and Occupational Therapy Assistants. A course is available at no cost to providers to take annually. 

LA SBME Newsletter 4/2023

New Hampshire: 

Legislation has been passed which authorizes the Office of Professional Licensure and Certification to issue licenses to out-of-state applicants who are licensed in another state, if the other state’s licensing requirements are similar to New Hampshire. Effective August 27, 2023.

NH HB594

Oregon: 

The Oregon Medical Board (OMB) has proposed a rule updating BLS and ACLS certification requirements for OMB licensees performing office-based surgery. The rule states that licensees performing Level II or Level III office-based surgeries must be certified in American Heart Association Advanced Cardiovascular Life Support or equivalent ACLS course that includes a practical skills evaluation. 

OR BLS and ACLS Rule Proposal

Pennsylvania: 

Legislation has been introduced allowing for the licensing and regulating of mental health practitioners who practice music therapy. 

PA HB1356

Rhode Island: 

On June 24, 2023, Rhode Island passed legislation to rejoin the Nurse Licensure Compact (NLC). The NLC is currently in implementation in the state and is not ready for multistate licensure applications. The legislation, signed into law by Gov. Daniel J. McKee on June 24, has a three-year sunset clause.

NLC Press Release

South Dakota:

Effective July 1, 2023, the Physical Therapy licensure will be transitioning from the South Dakota Board of Medical and Osteopathic Examiners to the South Dakota Board of Physical Therapy. Any incomplete files (applications and investigations) will be transferred to the Board of Physical Therapy at the same time. 

SD SB 78

Utah:

The Online Prescribing, Dispensing, and Facilitation Licensing Act has been repealed as of May 3, 2023. Under this act entities were required to maintain a special license for online contract pharmacies to be permitted in Utah.  However, with the growth and changes to e-prescribing and telehealth services, the license type “Online Prescribing, Dispensing, and Facilitation” for online contract pharmacies has been retired as obsolete. 

NABP May 2023 Newsletter UT Board Updates

UT HB152

The Reciprocal Professional Licensing Amendments bill exacts the Physician Assistant Licensure Compact, and creates a process for state agencies (including the Department of Health and Human Services) to issue certain professional licenses and certificates by endorsement.

UT SB0035

Wisconsin:

The Occupational Therapists Affiliated Credentialing Board has amended board rule OT 2.02 (1) (b), relating to licensure requirements for occupational therapists and assistant occupational therapists. The language of this now clearly states that applicants must provide evidence of initial certification by a national board. The amended rule is effective August 1, 2023. 

WI Occupational Therapy Rule Amendment

Disclaimer: This information has been gathered from a variety of sources. Although Verisys has made every effort to provide complete, accurate and up-to-date information, Verisys makes no warranties, express or implied, or representations as to the accuracy or reliability of this information. The information is fluid and evolving. Verisys assumes no liability or responsibility for any errors or omissions in the information contained in this resource