Earlier this week, President Joe Biden’s administration made an announcement that signals potential bad news for the ketamine telehealth industry. Effective May 11, 2023, the federal COVID-19 public health emergency (PHE) declaration will end. This is likely to plunge the entire ketamine telehealth industry into chaos in the coming months. If you are unfamiliar with
Last week, we presented a psychedelics webinar entitled “How to Protect Your Psychedelics Business.” The panelists were Paul Coble, me (Griffen Thorne from our Los Angeles office), and Graham Pechenik of Calyx Law in San Francisco. In the webinar, we presented on business law and intellectual property issues that will affect new psychedelics businesses in
In early 2020, the United States Department of Health and Human Services (DHHS) declared a public health emergency (PHE) due to the COVID-19 pandemic. DHHS extended the PHE numerous times over the last few years, most recently on July 15, 2022 for a period of 90 days. The PHE will expire on October 13, 2022
Earlier this year, Utah passed a law that will directly impact ketamine clinics. The new law is entitled “Anesthesia and sedation requirements – Unprofessional conduct – Whistleblower protection.” Ut. St. § 58-1-510. The new law is effective as of May 4, 2022, but the implementing regulations have been passed or implemented yet. We believe that
We often receive questions from ketamine clinics regarding who must obtain a DEA registration to dispense controlled substances. There are two candidates to consider – the healthcare providers who work at the clinic and the clinic itself. Often, there is a misconception about whether a clinic needs to hold a DEA registration. We wrote about
Federal law requires prior in-person evaluations before a physician can provide telehealth services. The federal government declared a COVID-19 public health emergency, essentially suspending this rule. Following this suspension, ketamine telehealth providers and other virtual telehealth providers popped up all over the country. In all likelihood, the emergency declaration will end soon, leaving the industry
One of the primary restrictions that ketamine clinics run into when retaining a Management Services Organization (MSO) are fee-splitting prohibitions. Fee splitting is a state law concept and can vary from state to state. In some instances, though, fee-splitting can also lead to issues under the federal healthcare fraud and abuse laws, as discussed below.
Ketamine telehealth just got a big lifeline. On April 12, 2022, the Department of Health and Human Services (HHS) renewed its determination that a public health emergency (PHE) exists due to COVID-19. Obviously, this has been a hugely controversial move even if the renewal is only good for 90 days. This 90 day extension is
Ketamine clinics are run by various provider types in the United States. In some states, mid-level practitioners (e.g., Nurse Practitioners and Physician Assistants) can practice independently. In other states, such providers can only work independently if they are supervised or overseen by a physician. However, the question then becomes whether any physician can run a
Ketamine clinic providers engaged in the off label application of ketamine for patient treatment are nothing new in U.S. healthcare. What is relatively new is that many “psychedelics” companies are trying to infiltrate the ketamine clinic scene. These companies hope to gain a foothold, then expand into a fuller suite of psychedelic treatment services once
