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Michigan Health Care Providers May Now Prescribe Controlled Substances via Telemedicine

Keyboard StethoscopeGovernor Snyder recently signed into law Public Act 22 (Senate Bill 213), which revises the 2016 telehealth bill to clarify that health professionals in Michigan may prescribe controlled substances without an in-person examination. Michigan now joins a growing number of states that allow health professionals to prescribe controlled substances via telemedicine.

The law provides that a health professional who is furnishing a telehealth service to a patient may prescribe the patient a controlled substance if (1) the health profession is acting within the scope of his or her practice in prescribing the drug, and (2) the health professional meets the requirements for prescribing controlled substances under Michigan law. A health professional who prescribes a drug under this new law must also comply with the following requirements:

  1. If the health professional considers it medically necessary, he or she must provide the patient with a referral for other health care services that are geographically accessible to the patient, including emergency services; and
  2. After providing a telehealth service, the health professional (or a health professional acting under delegation of another health professional) must make himself or herself available to the patient to provide follow-up health care services or refer the patient to another health professional for follow-up health care services.

Healthcare providers who prescribe controlled substances via telemedicine under Michigan’s new law must also ensure that they comply with applicable federal law.

If you have questions or would like additional information about state or federal telehealth laws, please contact Jennifer Van Regenmorter or Julie Hamlet.

Categories: Physicians, Technology

 has particular expertise in health law and she represents providers with emphasis in the areas of physicians, hospice, home care and long term care, including one of the country’s largest long-term care organizations. She has a vast array of experience in teaming with providers in the areas of regulatory compliance and contracts. 

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Best Lawyers® 2020

Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2020 edition. Firm-wide, 42 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2020, click here.