In the evolving landscape of telemedicine, the U.S. Drug Enforcement Agency’s (DEA) potential crackdown on telemedicine prescribing has stirred concerns among healthcare professionals. Nathaniel Lacktman, a partner at Foley & Lardner LLP and a board member of the American Telemedicine Association, shared insights into these challenges in an article published by Endpoints News, a Financial Times publication.

Lacktman highlighted the ramifications of the DEA’s repeated delays in enacting telemedicine prescribing regulations, which have placed doctors and patients in a precarious position. The dilemma revolves around the conflict between federal prescribing laws and state laws on continuity of care. Should the DEA allow current waivers to expire without a viable alternative, patients may find themselves without necessary in-person medical support. This could expose 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?” Lacktman remarked.

Foley & Lardner LLP’s Telemedicine and Digital Health Industry Team is at the forefront of addressing these emerging issues. Recognized nationally by Chambers USA, the team supports organizations and entrepreneurs in navigating the complexities of virtual care, helping them provide innovative solutions for patients both locally and globally. Clients have praised Foley as “the premier firm for telehealth counsel,” “a market leader in telemedicine issues,” and “the Dream Team.”

The ongoing regulatory delays by the DEA underscore the challenges posed by a mixed federal-state legal landscape affecting telemedicine. As the telemedicine industry continues to grow, the need for clear and consistent regulations becomes increasingly critical to ensure that both doctors and patients can navigate this new frontier safely and effectively.