The new Michigan Senate Bill 753 (SB 753) as revised by the Michigan House September 2016, builds on existing state law. Robert Potter, Chief, Legal Policy Section, Antitrust Division at the Department of Justice (DOJ) www.justice.gov/atr/about-division/other-offices responded to a letter discussing Michigan’s Senate Bill 753 that was sent to his office by State Senator Peter MacGregor.
Robert Potter’s letter in response, addresses not only the State legislation but also how the DOJ supports healthcare and telehealth services. As explained, SB753 builds on existing state law in three ways. First, provisions in the bill apply more broadly to telehealth which may include but is not limited to telemedicine. Therefore, the DOJ recommends that the Michigan legislature consider the potential benefits of enhanced competition offered by telehealth.
Secondly, SB 753 permits health professionals to directly or indirectly obtain consent required from patients for treatment provided via telehealth. The bill permits patients to provide consent that is required for treatments through telehealth directly or indirectly.
The Department understands that this provision permitting consent to be communicated flexibly does not change the underlying requirement of consent for treatment. This flexibility may enable providers to obtain consent remotely at the time of the telehealth treatment or in advance when a patient first seeks care from a particular provider, practice, or institution. That flexibility can help health professionals compete to improve access and provide healthcare services to patients.
Thirdly the bill allows health professionals to prescribe drugs through telehealth if they are authorized to prescribe drugs in person and if the prescribed drug is not a controlled substance.
However, with the exception of controlled substances, SB 753 authorizes remote prescriptions by health professionals who can prescribe drugs in person.
The Department found the three changes to Michigan law in SB 753 have the potential to facilitate more robust use of telehealth services and expand healthcare competition by limiting or avoiding certain unnecessary barriers.
Go to https://www.justice.gov/atr/page/file/913876/download to view the letter describing the DOJ’s viewpoint on various aspects of telehealth.
Go to www.legislature.mi.gov/socuments/2015-2016/billanalysis/House/htm/2015-HLA-073-6B614C58.htm for an analysis of the bill.