05/19/2022
May's Medical Board Meeting Recap
Rules to Watch:
- Interstate Medical License Compact
- Telehealth Rules
- Medical Marijuana
Interstate Medical License Compact Update
Work continues on implementing the rules and processes needed to support the Interstate Medical License (IMLC) Compact in Ohio. The medical board has been actively engaging with the compact administrators and expects to “go live” in August or early September. A rule developed to support Ohio’s IMLC program was adopted by the Board at its meeting on May 11, 2022. It is effective on May 31, 2022. More rules (and FAQ’s) are in the development stage and will be released throughout the summer.
View the rule >
Telehealth Rules
The medical board voted to file the proposed telehealth rules with Ohio’s Common Sense Initiative (CSI) office for review. The proposed rules were drafted to implement Ohio’s new telehealth law (Sub. HB 122).
View the rules >
Proposed Rule OAC 4731-37-01 establishes requirements for the provision of telehealth services by the following State Medical Board of Ohio licensees: physicians (MD, DO, and DPM), physician assistants, dietitians, respiratory care professionals, and genetic counselors.
Rule OAC 4731-11-09 is proposed to be rescinded and replaced with a new rule that provides the general requirements for prescribing controlled substances for in-person and telehealth patient visits by a physician or physician assistant who holds a valid prescriber number issued by the medical board and who has been granted physician-delegated prescriptive authority by a supervising physician.
Proposed Rule 4731-37-01 Telehealth
- Defines telehealth services, synchronous communication technology, asynchronous communication technology, remote monitoring device, health care professional, consent for telehealth treatment, formal consultation, and advanced practice registered nurse.
- Requires that the standard of care for a telehealth visit is the same as the standard of care for an in-person visit.
- Provides process for selection of a telehealth services technology to meet the standard of care for a patient’s medical condition, and the escalation or referral of health care services for that patient if the standard of care cannot be met with the telehealth technology selected.
- Requires that the health care professional comply with all standard of care requirements including but not limited to those requirements listed in this rule such as the health care professional’s verification of patient’s name and location, documentation including patient consent for telehealth treatment, evaluation of the patient, compliance with privacy and security requirements, and transmittal of patient’s medical record.
- Provides requirements for a health care professional to provide telehealth services involving a formal consultation with another health care professional.
- Explains the requirements for prescribing of non-controlled and controlled prescription drugs. A physician, or physician assistant with prescriptive authority may prescribe a drug that is a non-controlled substance through the provision of telehealth services by complying with all requirements of this general telehealth rule. For controlled substance prescriptions, a prescriber must comply with all requirements of this rule, federal law governing prescriptions for controlled drugs, and all requirements in proposed new rule 4731-11-09.
- Provides requirements for physicians and physician assistants to provide telehealth services through the use of remote monitoring devices as authorized by R.C. 4743.09(C)(5).
- Lays out the enforcement provisions for each type of health care professional for violations of this proposed rule.
Proposed Rule 4731-11-09 Controlled substance and telehealth prescribing
- This is a new rule to replace a current rule titled “Prescribing to persons not seen by the physician”.
- Defines hospice care, palliative care, medication assisted treatment, substance use disorder, and mental health condition.
- For a physician, or physician assistant who holds a valid prescriber number issued by the Medical Board and who has been granted physician-delegated prescriptive authority, the rule allows them to prescribe controlled substances if they comply with federal law, proposed rule 4731-37-01 if the prescribing occurs via telehealth, and the provisions of this rule.
- Requires that the physician or physician assistant shall conduct a physical examination of a new patient as part of an initial in-person visit before prescribing a schedule II controlled substance to the patient. Five exceptions to this requirement are detailed.
- Provides the enforcement provisions for each type of health care professional for violations of this proposed rule.
Comments on the proposed rules must be received no later than May 31, 2022 and need to be submitted to both of the following:
Medical Board at: Nathan.Smith@med.ohio.gov
AND
Common Sense Initiative Office at: CSIPublicComments@governor.ohio.gov
As a reminder, in accordance with the new telehealth law, the medical board will to continue to suspend enforcement of its telehealth related rules, including those with in-person requirements, while the board amends or adopts new telehealth rules.
Medical Marijuana
The medical board members held a lengthy discussion regarding the reports the board received from medical experts regarding whether Opioid Use Disorder and Autism Spectrum Disorder should be added the list of conditions that may be treated with medical marijuana in Ohio. The board members' discussion seemed to suggest that there is not enough evidence-based medical information available to warrant adding either condition at this time. The board will use the next few weeks to continue its review of the issue and will make a final decision at the June 8 medical board meeting.
The OSMA is actively following all of the medical board’s proposed rules. For more information, visit the medical board’s website at www.med.ohio.gov or contact the OSMA at info@osma.org