In April 2016, the State Medical Board of Ohio proposed new rules that outline the requirements for a physician to prescribe a drug to a person who is at a location remote from the physician and on whom the physician has not conducted a physical examination. The proposal comes after the Ohio legislature enacted a law requiring the Medical Board to adopt such rules in March of this year. Specifically, the proposed rules would allow a physician to prescribe medication (other than a controlled substance) based on a telemedicine encounter if the physician uses appropriate technology that permits, in a manner consistent with the minimal standard of care for in-person care, a medical evaluation and the collection of relevant clinical history as needed to establish a diagnosis, identify any underlying conditions, and identify any contraindications to the treatment recommended or provided. The physician must also establish the patient's identity and physical location, obtain the patient's informed consent for treatment, and provide or recommend appropriate follow-up care as needed. The rule would allow the prescribing of controlled substances based on remote examinations if additional conditions are satisfied. The new rules would replace the current Rule 4731-11-09, which requires a physician to have personally and physically examined a patient before prescribing any drug to the patient, except in specific situations.
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