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Telehealth commission urged easing of in‑person requirement for some controlled prescriptions
Summary
Senate Bill 252 would remove a statutory requirement that some controlled‑substance prescriptions be preceded by an in‑person exam, allowing appropriately licensed physicians, physician assistants and nurse practitioners to establish treatment relationships by telemedicine in prescribed circumstances
Senate Bill 252 seeks to permit broader use of telemedicine for prescribing controlled substances by licensed prescribers (physicians, physician assistants and nurse practitioners) in New Hampshire. The bill grew from the Legislature’s telehealth commission, which reported that New Hampshire’s statutory in‑person requirement is more restrictive than federal rules and than practice in many other states.
Jonathan Ballard, chief medical officer at the New Hampshire Department of Health and Human Services and chair of the telehealth commission, told lawmakers the commission heard from psychiatrists, pediatricians and hospice providers who said certain evaluations are cognitive and can be performed remotely without an in‑person exam, and that the state’s existing requirement is “overly intrusive.” Ballard told the committee the federal Drug Enforcement Administration has allowed remote prescribing of controlled drugs in certain circumstances during and after the COVID‑19 public health response, and the commission recommended bringing state law in line with practice that permits appropriately supervised telemedicine prescribing.
Representatives from the Council of State Governments Justice Center and national criminal‑justice technical assistance groups urged the committee to act for people who are incarcerated or reentering the community. Aaron Thirbelton of CSG said telemedicine would let correctional health staff establish community prescribers and medication‑assisted treatment before release, reducing the risk of overdose and emergency‑department use after reentry.
Ballard and other witnesses said licensure and professional‑practice rules remain in place: an out‑of‑state practitioner still must hold a New Hampshire license to treat a New Hampshire patient. The Office of Professional Licensure and Certification would remain the authority for discipline and standards, witnesses testified. Ballard said the commission’s final report recommends removing the in‑person statutory requirement and returning oversight to professional practice standards.
Committee members asked questions about federal versus state jurisdiction and whether the change would require additional DHHS or OPLC resources; the testimony noted no significant disciplinary complaints have arisen from other states' practices and proponents said the change would reduce costs for corrections and improve continuity of care for vulnerable populations.
