Little Health Law Blog
Our healthcare and business law firm previously published a blog post on the federal telemedicine rules. Both Federal and State rules govern the provision of telemedicine. Each state’s rules governing telemedicine are different, but the applicable laws and rules are generally found in the state medical board’s rules, insurance code, and, when applicable, Medicaid rules. This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in Alabama. This post does not discuss telemedicine prescribing rules. If you have questions about telemedicine rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
Alabama Rules Prior to July 11, 2022
Telemedicine authority in Alabama is new. In fact, the law discussed herein (Act No. 2022-302) does not go into effect until July 11, 2022. Prior to the enactment of Act No. 2022-302, there was little to no authority regulating telemedicine versus traditional in-person medical practice, and physicians were held to the same standard of care, regardless of treatment modality, regarding such matters as the establishment of a physician-patient relationship and the prescribing of controlled substances and other medications. Prior to the enactment of Act No. 2022-302, physicians treating Alabama citizens via telemedicine had to have the medical license and controlled license of an Alabama physician and were held to the same standards as in-person treatment. See, e.g., Ala. Admin § 540-X-9-.11. Regarding prescribing controlled substances, telemedicine physicians were required to adhere to all federal and state statutes, and federal regulations currently require a previous in-person examination before prescribing controlled substances via telemedicine, except in a declared health emergency. Id.
Increasingly, our healthcare and business law firm’s clients are interested in opening concierge medicine practices. Little Health Law’s last blog post provided an 
Both concierge medicine and direct primary care practices have become popular alternatives to the traditional insurance medical practice model. In a previous post, we 
For various reasons, licensed medical providers may choose to voluntarily surrender their state medical license. Earlier this year, our healthcare and business law firm blogged about the repercussions of 
Many of our healthcare and business law firm’s clients have an interest in offering a practice that offers more flexibility to patients when it comes to in-person versus virtual visits. Deciding to offer telemedicine visits to your patients not only requires acquiring a video product that satisfies HIPAA and other privacy requirements but requires compliance with numerous laws at the state and federal level. This post analyzes potentially relevant federal laws and rules that currently apply during the Public Health Emergency (“PHE”). A subsequent post will provide an overview of state law considerations. If you have questions about 
We have seen a continued growth in the popularity of medical spas despite the hurdles presented by the COVID-19 pandemic. See 
Our previous blog post provided an overview of the Centers for Medicare and Medicaid Services’ (“CMS”) Vaccine Mandate and addressed two basic questions of the mandate: 
Many of our healthcare and business law firm’s clients have questions about whether CMS’ vaccine mandate (a.k.a. the “federal healthcare worker vaccine mandate”) applies to their workforce. The vaccine mandate landscape is evolving. For instance, the OSHA vaccine mandate applicable to 100+ employee-businesses was overruled by the Supreme Court. The analysis herein is current as of the date this blog is posted and subject to change as agencies and courts release new decisions.
Many of our healthcare and business law firm’s clients are in the business of renting expensive medical equipment for use by medical practices. Generally, these arrangements raise compliance questions under