Ohio Telemedicine Prescribing And Controlled Substances Laws

The Ohio Medical Board just last week adopted new rules for telemedicine prescribing of drugs and controlled substances, allowing providers to prescribe drugs via telemedicine without conducting an in-person examination. Effective March 23, 2017, the new rule 4731-11-09 and rule 7331-11-01 set forth the requirements a physician must follow when prescribing via telemedicine in Ohio.

Prescribing Drugs via Telemedicine

An Ohio physician may prescribe non-controlled substances via telemedicine, without an in-person exam, if the physician satisfies the following nine requirements:

Establishes the patient's identity and physical location; Obtains the patient's informed consent for treatment through remote examination; Requests the patient's consent and, if granted, forwards the medical record to the patient's primary care provider or other health care provider, if applicable, or refers the patient to an appropriate health care provider or health care facility; Completes a medical evaluation through interaction with the patient that meets the minimal standards of care appropriate to the condition for which the patient presents; Establishes a diagnosis and treatment plan, including documentation of necessity for the utilization of a prescription drug, including contraindications to the recommended treatment; Documents in the medical record the care provided, patient's consent, medical information, and any referrals made to other providers; Provides appropriate follow-up care or recommends follow-up care; Makes the medical record of the visit available to the patient; and Uses appropriate technology sufficient for the physician to conduct the above as if the medical evaluation occurred during an in-person visit. Prescribing Controlled Substances via Telemedicine

An Ohio physician may prescribe controlled substances via telemedicine, without an in-person exam, if the physician satisfies the nine steps outlined above and when one of the following six situations exists:

The patient is an "active patient" of a health care provider who is a colleague of the physician and the controlled substances are provided through an on call or cross coverage arrangement between the health care providers. "Active patient" is a defined term under the new rules and means that "within the previous twenty-four months the physician or other health care provider acting within the scope of their professional license conducted at least one in-person medical...