This bill amends the procedure for physicians, physician assistants (PAs), and Advanced Practice Registered Nurses (APRNs) to prescribe certain non-opioid and opioid controlled drugs via telemedicine. The bill allows these medical professionals to prescribe controlled drugs classified in schedule II through IV after establishing a physician-patient or APRN-patient relationship with the patient. The bill requires that a subsequent in-person exam be conducted by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually. The prescribing authority is limited to physicians, PAs, and APRNs in compliance with all federal and state laws and regulations.

The bill also includes insertions and deletions in the legal language. Insertions expand the definition of telemedicine to include the use of audio, video, or other electronic media and technologies for diagnosis, consultation, or treatment, including synchronous or asynchronous interactions. The bill repeals certain sections of the law related to the prescribing of non-opioid controlled drugs. The fiscal note indicates that there is no immediate fiscal impact on state, county, or local revenues or expenditures, but the impact is indeterminable for future years. The bill also makes it a criminal offense to prescribe controlled drugs via telemedicine without obtaining consent from the patient or the minor patient's parent or guardian, which may affect criminal prosecutions and penalties.

Statutes affected:
Introduced: 329:1-d, 326-B:2
As Amended by the Senate: 329:1-d, 326-B:2
As Amended by the House: 329:1-d, 326-B:2