In early 2020, the United States Department of Health and Human Services (DHHS) declared a public health emergency (PHE) due to the COVID-19 pandemic. DHHS extended the PHE numerous times over the last few years, most recently on July 15, 2022 for a period of 90 days. The PHE will expire on October 13, 2022
In 2023, Oregon will have a regulated psilocybin market. Colorado voters will have a chance to vote on something similar this fall (although Initiative 58 would not take effect until 2024). Other than that, not a single other state has any form of psychedelic regulation in the works. Last week, an attempt to simply decriminalize
Ketamine Laws by State Across the United States, states have a variety of differing health care laws and regulations. One of those laws is the Corporate Practice of Medicine doctrine (“CPOM”), which prohibits business entities from practicing medicine or employing physicians for the provision of medical services. CPOM also dictates whether or not licensed physicians
Earlier this year, Utah passed a law that will directly impact ketamine clinics. The new law is entitled “Anesthesia and sedation requirements – Unprofessional conduct – Whistleblower protection.” Ut. St. § 58-1-510. The new law is effective as of May 4, 2022, but the implementing regulations have been passed or implemented yet. We believe that
We often receive questions from ketamine clinics regarding who must obtain a DEA registration to dispense controlled substances. There are two candidates to consider – the healthcare providers who work at the clinic and the clinic itself. Often, there is a misconception about whether a clinic needs to hold a DEA registration. We wrote about
Florida Rep. Michael Grieco’s decision not to seek a new legislative term could negatively impact efforts to advance the legal use of psychedelics in the Sunshine State. The representative has been the most vocal advocate for psychedelics reform in the Florida Legislature. In 2021, Grieco filed a bill (HB 549) that would have legalized the
Federal law requires prior in-person evaluations before a physician can provide telehealth services. The federal government declared a COVID-19 public health emergency, essentially suspending this rule. Following this suspension, ketamine telehealth providers and other virtual telehealth providers popped up all over the country. In all likelihood, the emergency declaration will end soon, leaving the industry
One of the primary restrictions that ketamine clinics run into when retaining a Management Services Organization (MSO) are fee-splitting prohibitions. Fee splitting is a state law concept and can vary from state to state. In some instances, though, fee-splitting can also lead to issues under the federal healthcare fraud and abuse laws, as discussed below.
Ketamine telehealth just got a big lifeline. On April 12, 2022, the Department of Health and Human Services (HHS) renewed its determination that a public health emergency (PHE) exists due to COVID-19. Obviously, this has been a hugely controversial move even if the renewal is only good for 90 days. This 90 day extension is
