§ 34-24-704 — Issuance of Prescriptions

(a) A prescriber may prescribe a legend drug, medical supplies, or a controlled substance to a patient as a result of a telehealth medical service if the prescriber is authorized to prescribe the drug, supplies, or substance under applicable state and federal laws. To be valid, a prescription must be issued for a legitimate medical purpose by a prescriber acting in the usual course of his or her professional practice.
(b)(1) A prescription for a controlled substance may only be issued as a result of telehealth medical services if each of the following apply:
a. The telehealth visit includes synchronous audio or audio-visual communication using HIPAA compliant equipment with the prescriber responsible for the prescription.
b. The prescriber has had at least one in-person encounter with the patient within the preceding 12 months.
c. The prescriber has established a legitimate medical purpose for issuing the prescription within the preceding 12 months.
(2) This subsection shall not apply in an in-patient setting.
(c) A physician shall be exempt from the requirements of subsection (b) and may issue a prescription for a controlled substance to a patient if the prescription is for the treatment of a patient’s medical emergency, as further defined by rule by the Board of Medical Examiners and the Medical Licensure Commission.

Legislative History

(Act 2022-302, §1.)