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Articles by Daniel S. Zinsmaster
Roll With It: Federal Government Reclassifies State-Licensed Marijuana
DOJ immediately moved state-licensed medical marijuana products to Schedule III and will hold an expedited hearing on broader cannabis rescheduling beginning June 29, 2026. State-licensed medical marijuana businesses can pursue expedited DEA registration to take advantage of new federal legal protections by demonstrating compliant controls for storage, dispensing, inventory and recordkeeping.
The Chatbot Will See You Now: Utah Pilot Program Allows AI To Renew Prescriptions
Dinsmore & Shohl are most popular: within Technology, Employment and HR and Intellectual Property topic(s) in United States with readers working within the Basic Industries and Healthcare industries Utah has taken the unprecedented move of permitting artificial intelligence (AI) to legally prescribe renewal medical prescriptions without human intervention.
The Chatbot Will See You Now: Utah Pilot Program Allows AI to Renew Prescriptions | JD Supra
Utah has taken the unprecedented move of permitting artificial intelligence (AI) to legally prescribe renewal medical prescriptions without human intervention. The pilot program is a partnership between Utah and a rapidly growing health-tech platform which will automate routine prescription renewals for chronic conditions of approximately 190 commonly prescribed medications, such as blood pressure drugs, diabetes medicine, birth control and Selective Serotonin Reuptake Inhibitors (SSRIs).
Christmas Comes Early to the Cannabis Industry | JD Supra
On December 18, 2025, President Donald Trump signed an executive order directing federal agencies to expedite the rescheduling of marijuana from a Schedule I to a Schedule III controlled substance.
Mixing Medicine and Risk: Ohio’s Joint Regulatory Statement Targets Retail IV Therapy Clinics | JD Supra
On May 15, 2025, the State Medical Board of Ohio, the Ohio Board of Pharmacy and the Ohio Board of Nursing (collectively, the “Boards”) jointly issued a significant regulatory statement (the “Statement”) clarifying the legal boundaries and compliance expectations for retail IV therapy clinics operating in the state.[i] The Statement responds to the rapid increase of wellness-based IV therapy businesses, and serves as a firm warning to these clinics that retail IV therapy involves the licensed...
Ohio Board of Pharmacy Takes Aim at Dispensing Errors | JD Supra
The Ohio Board of Pharmacy (“Board”) published two new rules aimed at preventing and rooting out dispensing errors. The first new rule requires pharmacies to implement quality assurance programs for dispensing errors.[1] The second new rule requires pharmacies to report certain dispensing errors, and terminations related to dispensing errors, to the Board.[2] Both rules became effective March 1, 2025.
DEA Expands Telemedicine Flexibilities Through Three New Rules | JD Supra
The landscape of telemedicine in the United States is undergoing a profound transformation. On January 16, 2025, the Drug Enforcement Administration (DEA) unveiled a series of regulatory changes designed to expand and solidify telemedicine practices.[i] These changes aim to increase access to care, ensure continuity of treatment and provide permanent frameworks for prescribing controlled substances remotely.
New Ohio Law Tightens Mandatory Reporting Following Dr. Strauss Report | JD Supra
Legislation signed by Ohio Governor Mike DeWine on December 20, 2024 will significantly expand mandatory reporting duties for professionals and facilities. These changes, and others from Ohio Substitute Senate Bill 109, not only impose new obligations to report, including the reporting of facility investigations, but also attach new penalties for failing to do so, which will impact Ohio physicians and health care facilities, including hospitals and ambulatory surgery centers.
DEA Further Extends Telemedicine Prescribing Flexibilities through December 2025 | JD Supra
The Drug Enforcement Administration (DEA) is once again extending telemedicine prescribing flexibilities for controlled substances.
Department of Health and Human Services Aligns Substance Use Disorder Privacy Rules with HIPAA Standards | JD Supra
Recently, modifications announced by the Department of Health and Human Services (“HHS”) to 42 C.F.R. Part 2 (“Part 2”) rules governing Confidentiality of Substance Use Disorder (“SUD”) Patient Records went into effect. This is a major rule change for Part 2 providers and the enhanced penalties and enforcement measures make compliance with the new rules essential for any Part 2 provider.
Rescheduling Marijuana and its Impact on Healthcare and the Economy | JD Supra
The United States is on the verge of one of the biggest, if not the biggest, transformations to marijuana policy in the last 50 years. According to an Associated Press report, the Drug Enforcement Administration (DEA) is expected to reschedule marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act (CSA).
Feeling Lucky? Lottery to Decide Cannabis Business Licensees in Kentucky | JD Supra
In the latest update to Kentucky’s Medical Cannabis Program (the “Program”), Governor Andy Beshear signed House Bill 829 which moved up the timeline to apply for cannabis business licenses by six months. Additionally, two emergency regulations were issued by the Program that explain how to apply for a cannabis business license.
[Webinar] Medical Marijuana Laws in Kentucky - What You Need to Know - February 21st, 12:00 pm - 1:00 pm ET | JD Supra
The vast majority of States and the District of Columbia have now legalized the use of medical marijuana, with Kentucky set to join this list in 2025. The fast pace and varied approaches seen in this emerging field have created a multitude of legal and practical considerations that can impact individuals and entities alike.
Ohio Votes for the Decriminalization of Marijuana | JD Supra
On November 7, 2023 Ohio voters approved the Issue 2 ballot initiative, which will make substantial revisions to Ohio’s cannabis laws[1] and make Ohio the 24th state[2] to legalize recreational marijuana. Issue 2 was introduced by the Coalition to Regulate Marijuana Like Alcohol which, according to the group, sought to legalize and regulate the cultivation, manufacturing, testing and sale of marijuana and marijuana products to adults and also legalize home grow for adults.
Ohio Voters Approve Decriminalization of Marijuana
Skip to main content November 08, 2023 Volume XIII, Number 312 Legal Analysis. Expertly Written. Quickly Found. Trending News Ohio Votes for the Decriminalization of Marijuana Print Mail Download i On November 7, 2023 Ohio voters approved the Issue 2 ballot initiative, which will make substantial revisions to Ohio’s cannabis laws[1] and make Ohio the 24th state[2] to legalize recreational marijuana.
CISA FBI AvosLocker Ransomware Advisory
The Cybersecurity & Infrastructure Security Agency (CISA) and the Federal Bureau of Investigation (FBI) released a Joint Cybersecurity Advisory on October 11, 2023, urging companies (particularly those in the critical infrastructure sector) to take steps to mitigate cyber threats for AvosLocker Ransomware.
DEA Extends Telemedicine Prescribing Flexibilities
The Drug Enforcement Administration (DEA) is once again extending telemedicine prescribing flexibilities for controlled substances.
Ohio Expands Protections for Impaired Physicians and Other Providers | JD Supra
Tucked away in the recent Ohio Budget Bill, House Bill 33, were statutory changes that expand and modernize the statutes related to physicians and other health care professionals licensed by the State Medical Board of Ohio (Board). Perhaps most important, these changes will facilitate a pathway for confidential, non-disciplinary monitoring by a designated monitoring program for not only substance use disorders, but also for mental health conditions as well as physical illnesses and disabilities.
Ohio Expands Protections for Impaired Physicians and Other Providers
Tucked away in the recent Ohio Budget Bill, House Bill 33, were statutory changes that expand and modernize the statutes related to physicians and other health care professionals licensed by the State Medical Board of Ohio (Board). Perhaps most important, these changes will facilitate a pathway for confidential, non-disciplinary monitoring by a designated monitoring program for not only substance use disorders, but also for mental health conditions as well as physical illnesses and disabilities.
Ohio’s Opioid Fight: Board of Pharmacy’s Regulation of Office-Based Opioid Treatment Clinics Axed | JD Supra
Ohio is eliminating the Ohio Board of Pharmacy’s (“BoP”) regulation of office-based opioid treatment (“OBOT”) clinics.
Fifth Circuit Court Keeps Abortion Medication Legal, But with Restrictions
Wednesday, August 23, 2023 The 5th Circuit Court of Appeals in New Orleans upheld parts of a Texas District Court ruling by restricting the use of Mifepristone, while allowing Mifepristone to remain on the market. This is the latest ruling in an ongoing legal battle that has left the future of abortion medications in a state of flux. Dinsmore previously discussed the original April 2023 ruling that led to the most recent development.
Fifth Circuit Court Keeps Abortion Medication Legal, But With Restrictions | JD Supra
The 5th Circuit Court of Appeals in New Orleans upheld parts of a Texas District Court ruling by restricting the use of Mifepristone, while allowing Mifepristone to remain on the market.[1] This is the latest ruling in an ongoing legal battle that has left the future of abortion medications in a state of flux. Dinsmore previously discussed the original April 2023 ruling that led to the most recent development.
State Medical Board of Ohio Finalizes New Telehealth Rules | JD Supra
Following the passage of House Bill 122 last year, the State Medical Board of Ohio (“Ohio Board”) has released final administrative rules governing the provision of telehealth services by Ohio physicians and certain other provider types.[i] The final rules, which became effective February 28, 2023, continue the recent trend of regulators, such as the Drug Enforcement Agency,[ii] largely reverting back to pre-pandemic telehealth restrictions.
Ohio Bill Would Ban Practice of Performing Intimate Exams On Anesthetized Patients Without Prior Consent | JD Supra
Ohio lawmakers are considering a bill – House Bill 89 – that would bar medical, nursing, and other medical-professional students from performing pelvic, prostate, or rectal exams on anesthetized or otherwise unconscious patients without prior approval.[1] Intimate exams are used in clinical rotations as an opportunity for training, but opposition to the practice involving unconscious and uninformed patients has grown in recent years.
Ohio Legislature Cultivating Medical Marijuana Access Expansion | JD Supra
Ohio legislators are once again attempting to transform the state’s medical marijuana control program after a similar effort stalled out last year. Proponents of the proposed legislation, Senate Bill 9, seek to expand medical marijuana access to Ohioans and revamp the structure of the current program. The proposal would establish the Division of Marijuana Control (“DMC”) under the Department of Commerce.
Contradictory Court Opinions Leave the Approval of Abortion Medication in Question | JD Supra
On April 7, 2023, two federal judges in Texas and Washington State issued dueling opinions about the abortion medication Mifepristone, just hours apart. These two decisions come in the midst of growing tension about abortion laws in the United States after the Dobbs v. Jackson Women’s Health Organization decision released by the Supreme Court in 2022.[i] The Texas and Washington court opinions do not help reduce the confusion among healthcare providers and residents of the United States.
Medical Marijuana Will Soon be Legal in Kentucky | JD Supra
On March 31, 2023, Governor Andy Beshear signed Senate Bill 47 making medical marijuana use and sale legal in Kentucky, effective January 1, 2025. [i] Kentucky now joins at least 37 other states that have legalized medical marijuana. The newest piece of legislation comes on the heels of Governor Beshear signing two executive orders related to cannabis in November of 2022.
Contradictory Court Opinions Leave the Approval of Abortion Medication in Question
On April 7, 2023, two federal judges in Texas and Washington State issued dueling opinions about the abortion medication Mifepristone, just hours apart. These two decisions come in the midst of growing tension about abortion laws in the United States after the Dobbs v. Jackson Women’s Health Organization decision released by the Supreme Court in 2022.[i] The Texas and Washington court opinions do not help reduce the confusion among healthcare providers and residents of the United States.
Contradictory Court Opinions Leave the Approval of Abortion Medication in Question
On April 7, 2023, two federal judges in Texas and Washington State issued dueling opinions about the abortion medication Mifepristone, just hours apart. These two decisions come in the midst of growing tension about abortion laws in the United States after the Dobbs v. Jackson Women’s Health Organization decision released by the Supreme Court in 2022.[i] The Texas and Washington court opinions do not help reduce the confusion among healthcare providers and residents of the United States.
Deja Vu or a Glitch in the Matrix: The End of the Public Health Emergency
Prepare for another big shift in health care operations. On January 30, 2023, President Joe Biden announced he would not extend the COVID-19 Public Health Emergency (PHE) beyond its current expiration date of May 11. The PHE was declared by former President Donald Trump in March of 2020 as COVID-19 began to spread around the nation. The waivers and other regulatory changes instituted in its wake have impacted nearly every facet of health care services.
Deja Vu or a Glitch in the Matrix: The End of the Public Health Emergency
Prepare for another big shift in health care operations. On January 30, 2023, President Joe Biden announced he would not extend the COVID-19 Public Health Emergency (PHE) beyond its current expiration date of May 11. The PHE was declared by former President Donald Trump in March of 2020 as COVID-19 began to spread around the nation. The waivers and other regulatory changes instituted in its wake have impacted nearly every facet of health care services.
Your License in the Crosshairs: Understanding the State Medical Board’s Disciplinary Process in an Era of Increased Scrutiny
Over the past few weeks, the investigation of sexual misconduct cases by the State Medical Board of Ohio (“Board”) has continued to make headlines across Ohio. Due to an increased public outcry as a result of the recent media attention, as well as the previous revelations of the Board’s handling of the Dr. Richard Strauss case, physicians and other providers regulated by the Board should be extremely cautious in following the Board’s rules and practices related to professional boundaries.
The State Medical Board Has Called You, Now What?
As reported by various news outlets, the State Medical Board of Ohio (“Board”) has, and will continue, to ramp up investigations and enforcement actions related to alleged violations of ethical and professional guidelines. In particular, professional boundaries and sexual misconduct issues will be a primary focus for the Board, as it has been since the revelations of the Dr. Richard Strauss case became public.
The FDA Gets Blunt: “New Regulatory Pathway for CBD is Needed”
Tuesday, January 31, 2023 On January 26, the Food and Drug Administration (“FDA”) threw up its hands, concluding cannabidiol (“CBD”) products are not a good fit for the agency’s food and supplement framework.
The FDA Gets Blunt: “New Regulatory Pathway for CBD is Needed”
On January 26, the Food and Drug Administration (“FDA”) threw up its hands, concluding cannabidiol (“CBD”) products are not a good fit for the agency’s food and supplement framework.
DOJ Clears the Way for USPS to Deliver Abortion Drugs by Mail
Wednesday, January 18, 2023 The U.S. Department of Justice’s Office of Legal Counsel recently released an advisory opinion[i] regarding Section 1461 of title 18 of the U.S. Code. In it, they write the “Comstock Act”[ii] does not prohibit the mailing of certain medications used to perform abortions where the sender does not believe the medications will be used unlawfully.
Ohio Supreme Court Takes On Chevron Deference: Is It A Lump Of Coal In The Stockings Of State Administrative Agencies?
Whether a court must defer to an administrative agency’s interpretation of a statute has recently become a hot-button topic in a wide variety of legal circles ranging from political campaigns to cases heard before the United States Supreme Court. The Supreme Court of Ohio has now joined with its recent decision in TWISM Ents., L.L.C. v.
Kentucky Governor Announced Two Cannabis EO's in Kentucky
Tuesday, November 22, 2022 On November 15, 2022, Governor Andy Beshear announced two executive orders related to cannabis in Kentucky. The first executive order allows certain individual Kentuckians and their caregivers to bring and use medical marijuana into the state without facing legal consequences beginning January 1, 2023, so long as they meet a set of three criteria.
“Up in Smoke?” President Biden Announces Pardons and Orders Review of Cannabis Classification
Recently, President Biden announced an executive order to pardon all federal marijuana possession charges.
State Medical Board Of Ohio Proposes New Telehealth Rules In Response To HB 122
To print this article, all you need is to be registered or login on Mondaq.com. Following the passage of House Bill (HB) 1221 and its corresponding expansion of telehealth services by Ohio health care providers, the State Medical Board of Ohio (Ohio Board) has released proposed administrative rules in furtherance of the recent legislation.
Ohio Permanently Expands Use Of Telehealth Services
United States: Ohio Permanently Expands Use Of Telehealth Services 08 March 2022 by Daniel S. Zinsmaster and Gregory A. Tapocsi Dinsmore & Shohl To print this article, all you need is to be registered or login on Mondaq.com. Prior to the onset of the COVID-19 pandemic, the use of telehealth across Ohio and the United States was steadily increasing.
Interstate License Compacts Arrive to Ohio for Physicians, Nurses, and Audiology/Speech-Language Pathologists
Friday, July 16, 2021 Health care practitioners are seemingly subject to a constantly growing laundry list of regulatory requirements. However, the Ohio General Assembly has reduced the administrative burden on certain professionals seeking licensure in multiple states through the enactment of interstate license compact legislation.
FDA Continues to Referee the CBD Market
Friday, April 2, 2021 Those in the CBD sector should be mindful of their marketing tactics, as the FDA continues to police the industry. Manufacturers of CBD products must also evaluate their quality-control procedures to ensure safe products are hitting the marketplace. As we forecasted this past December in a previous legal alert, the U.S. Food and Drug Administration continues to referee the emerging cannabidiol (CBD) product market.
X-Waiver Changes Axed: Federal Government Backtracks on Previously Announced Rescission of Waiver Requirements
February 05, 2021 Cementing Victory by Accepting Defeat: When Can a Patentee’s... by: Hector A. Agdeppa THE ENERGIZER – VOLUME 83 by: Buck B. Endemann and Daniel S. Cohen McDermottPlus Check-Up: February 5, 2021 by: Mara McDermott and Kristen O’Brien USCIS Announces H-1B Lottery Process Unchanged by: Maggie Murphy Beltway Buzz, February 5, 2021 by: James J. Plunkett Court Denies Stay in Coverage Dispute Arising Out of Clearview... by: Hannah J. Makinde and Kristin L.
Improper CBD Product Marketing Lands in FDA’s Crosshairs
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Ohio Pharmacist Duties to Report: Ohio Board Issues Updated Guidance
December 01, 2020 CMS Announces New Flexibility for Nurse Staffing of Acute Hospital... by: Ross E. Sallade and Ann C. McCullough EPA Releases Draft Scope Documents for Risk Evaluations of DIDP and... by: Government Regulation IBA to Consult on End of USD LIBOR; U.S. and UK Regulators Respond by: Lary Stromfeld and Nihal S. Patel Final Rules Amend The Stark Law And Anti-Kickback Statute Regulations... by: Laura D. Seng and Robert A.
Ohio Introduces Proposed Legislation to Expand Telehealth Services
October 06, 2020 ILPA Releases Deal-By-Deal Model LPA by: Cathleen A. Booth and Henry Bregstein The Impact of COVID-19 on NAV and Hybrid Credit Facilities by: Cameron A. Roper and Ron D. Franklin SBA Issues Guidance on Change of Ownership for PPP Borrowers by: Seth W. Ashby and Mary Kay Shaver TikTok Gets Reprieve from Trump Ban, Nears Deal with Oracle, Walmart... by: Mogin Rubin Video: Workplace Violence Rises During COVID-19 – Employment Law This...
Ohio Lawmakers Decriminalize Hemp, Hemp Products
Wednesday, July 24, 2019 On July 17, 2019, Ohio lawmakers passed Senate Bill (S.B.) No. 57, which decriminalizes hemp and creates licensure programs for those wanting to cultivate or process hemp and hemp byproducts. Ohio was one of the few states that did not update its statutes to align with federal regulations following the passage of the 2018 Farm Bill, which removed hemp as a controlled substance at the federal level.
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