New Ohio State Medical Board Rules on Telemedicine & Controlled Substances

The State Medical Board of Ohio recently made changes to two Ohio Administrative Code (OAC) sections.  It amended 4731-11-01, Controlled Substances – Definitions, and adopted a new 4731-11-09, Controlled Substances – Prescribing to persons not seen by the physician.  The amended 4731-11-01 definitions now include “cross-coverage” and allow for an Ohio licensed physician to provide medical services for an “active patient” of another physician who is temporarily unavailable.  “Active patients” are those for whom a physician conducted at least one in-person medical evaluation, or medical evaluation via telemedicine, within the previous 24 months.  The new 4731-11-09 rule authorizes – within required guidelines – a physician to prescribe drugs that are NOT controlled substances to patients on whom that physician has not conducted a physical examination and who is at a remote location.  The new rule also authorizes – within required guidelines – a physician to prescribe drugs that ARE controlled substances to “active patients” at a remote location.  The new rule’s guidelines particularly address patients in institutional facilities and hospice care.  The amended rule and new rule have not yet appeared in the freely available Ohio Administrative Code provided by the State of Ohio, but one can find filings information on 4731-11-01 and 4731-11-09 on the Register of Ohio website.