Nathaniel Lacktman on Potential DEA Telemedicine Prescribing Crackdown – 'It's putting doctors in a really difficult situation'

Foley & Lardner LLP partner Nathaniel Lacktman, chair of firm’s national Telemedicine & Digital Health Industry Team and member of the American Telemedicine Association Board of Directors, discussed the potential consequences of the U.S. Drug Enforcement Agency enacting regressive regulations on telemedicine prescribing in Endpoints News, a Financial Times publication.

Lacktman explained that the DEA’s repeated and extensive delays have placed doctors and their patients in a challenging dilemma, leaving them torn between following the federal prescribing laws versus state laws on continuity of care for established patients. If the DEA allows the waivers to end without a solution in place, it could leave patients without a replacement in-person doctor to continue their treatment, potentially exposing the doctors to claims of patient abandonment.  “It’s putting doctors in a really difficult situation to determine if and when do I tell my patients that I can’t care for them?” he added.

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Foley’s Telemedicine and Digital Health Industry Team helps organizations and entrepreneurs embrace emerging issues in virtual care, enabling them to provide innovative care for patients in new markets around the block and around the world. Nationally recognized by Chambers USA, where clients have called Foley “the premier firm for telehealth counsel,” “a market leader in telemedicine issues,” and “the Dream Team,” Foley’s Telemedicine and Digital Health Industry Team members are frequently recognized for their unparalleled insight and knowledge of the industry.