Boards Issue Joint Regulatory Statement on Retail IV Therapy Clinics PDF Free Download
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Keeping you informed from Washington, D.C.
May 22, 2025
Boards Issue Joint Regulatory Statement on Retail
IV Therapy Clinics
On May 15, the State Medical Board of Ohio, the Ohio Board of Pharmacy, and the Ohio Board
of Nursing released a joint statement regarding retail IV therapy clinics. Specifically, the guidance
describes the scope of practice of physicians, PAs, APRNs, and pharmacists in relation to IV therapy,
reiterates that standing orders and/or protocols for administrating IV therapy is prohibited, describes
limits on diagnoses and recommendations by certain practitioners, the proper use of telehealth, and
the standards of care, among other components.
Ohio joins several other state medical and health care regulatory boards that have issued statements
or guidelines regarding IV therapy clinics, including the Alabama Board of Medical Examiners,
Mississippi State Board of Medical Licensure, Oklahoma Board of Nursing, Oregon Medical
Board, South Carolina boards of Medical Examiners, Nursing, and Pharmacy, and the Vermont
boards of Medical Practice, Osteopathic Physicians and Surgeons, Pharmacy, and Nursing.
FSMB is continuing to closely track and monitor legislation and regulations surrounding retail IV
hydration clinics, as well as other nascent medical practices.
If you have any questions, please reach out!
Lisa Robin
Chief Advocacy Officer
Federation of State Medical Boards
(202) 463-4000 | lrobin@fsmb.org
Pending Legislation of Interest
Artificial Intelligence
The Artificial Intelligence Literacy and Inclusion Act (H.R. 3210), introduced by Rep. Adriano
Espaillat (D-NY), would direct the National Science Foundation to make awards for the development,
operation, and research of artificial intelligence literacy programs. Priority would be given to grants
with programs providing AI literacy education for communities of color, low-income populations, rural
areas, senior citizens, people with disabilities, and other underserved groups.
Gender-affirming Care
The No Subsidies for Gender Transition Procedures Act (S. 1551), introduced by Sen. Roger
Marshall (R-KS), would prohibit tax deductions, as well as Medicaid, CHIP, and Medicare funding, for
gender affirming care; it would also exclude gender-affirming care from the definition of “essential
health benefits” for ACA marketplace insurance plans.
Government Health Programs
The Expanding Remote Monitoring Access Act (H.R. 3032), introduced by Rep. Troy Balderson
(R-OH), defines remote monitoring and would require Medicare and Medicaid to reimburse for remote
monitoring services furnished for a minimum of two days of data collection over a 30-day period, for a
two-year trial period; this is a continuation of a COVID-era policy that lowered the data collection
requirement from 16 out of 30 days for reimbursement. The bill also mandates a report to Congress
summarizing and analyzing this new policy, and to make recommendations “for implementing a
reimbursement model that takes into account patient acuity and cost of providing remote monitoring
services.”
The Health Care Fairness for All Act (H.R. 3080), introduced by Rep. Pete Sessions (R-TX), would
repeal parts of the Affordable Care Act, make reforms to health insurance, Medicaid, Medicare, and
HSAs, and make COVID-era telehealth flexibilities permanent.
Reproductive Care
The Health Savings and Affordability for Fertility Act (H.R. 3091), introduced by Rep. Lauren
Underwood (D-IL), would include fertility treatment payments as medical expenses for health savings
accounts.
The More Opportunities for Moms to Succeed (MOMS) Act (H.R. 3235), introduced by Rep.
Michelle Fischbach (R-MN), would create Pregnancy.gov to provide localized resources for
pregnant and postpartum women, fund state resource programs and pregnancy support centers,
expand telehealth services, and extend child support to cover pregnancy.
Rural Health
The Rural Patient Monitoring Access Act (S. 1535/H.R. 3108), introduced by Sen. Marsha
Blackburn (R-TN) and Rep. David Kustoff (R-TN), would set requirements under Medicare for
remote physiologic monitoring services, with exceptions for small medical practices. In addition, HHS
must report on Medicare savings and medication adherence for remote monitoring users two years
after enactment of the program.
H.R. 3102, introduced by Rep. Michael Guest (R-MS), would establish the Office of Rural Health,
under the auspices of the CDC, which would “conduct, coordinate, and promote research regarding
public health issues affecting rural populations; … promulgate policies and best practices to improve
care and services (including through telehealth) for rural populations,” support educational outreach
and disseminate evidence-based interventions to prevent death, disease, injury, and disability, and
promote healthy behaviors in rural populations, among other aspects.
Telemedicine
The Telehealth Network and Telehealth Resource Centers Grant Program Reauthorization Act
(H.R. 3419), introduced by Rep. David Valadao (R-CA), would reauthorize the eponymous program,
which helps bridge gaps in access to care by ensuring providers in remote or underserved areas can
connect patients with necessary services, while also helping organizations navigate the complex
laws, regulations, and technology that define the telehealth landscape; this would extend authorization
through FY 2030 with over $42 million of funding.
Veterans’ Affairs
S. 1533, introduced by Sen. Jerry Moran (R-KS), would make permanent the COVID-era pilot
program which allowed the VA to utilize contract physicians (in addition to VA physicians) for disability
examinations, no matter where they are located, so long as they have an unrestricted license, are not
barred from practicing in any jurisdiction, and the examination is within their scope of practice. The bill
also requires a follow-up report from the VA to Congress in three years to detail the effects of contract
physicians on the cost, timeliness, and thoroughness of medical disability examinations.
The Veterans Hearing Health Expansion Act (H.R. 3088), introduced by Rep. Tom Barrett (R-MI),
would include licensed hearing aid specialists under the Veterans Community Care Program.
Regulatory News
Gender-affirming Care
As of May 13, the Dept. of Defense is prohibiting any new hormone treatments or surgical
procedures for transgender troops; this is a course reverse from an April 21 memo. The new memo
follows the U.S. Supreme Court decision on May 6 that allowed the Trump Administration to
discharge current transgender troops and reject new recruits while legal challenges play out.
Mental Health
On May 9, it was reported that the Dept. of Justice (DOJ) filed legal documents indicating that the
Trump Administration will not enforce the mental health parity rule, which requires insurance
companies to treat mental health and substance use care the same way they treat physical health
care (without extra costs, limits, or restrictions), a product of the Mental Health Parity and Addiction
Equity Act (MHPAEA).
In January, the ERISA Industry Committee sued to challenge the rule, arguing the mandate could
lead some plan sponsors to decide not to cover mental health conditions and substance abuse
disorders at all. In the filing, the DOJ noted that the ERISA consented to putting the lawsuit on hold as
HHS, among other agencies, reconsider or possibly rescind the rule.
Opioids/Substance Use Disorder Treatment
On May 13, HHS issued a notice of rescission for several documents, including:
Practice Guidelines for the Administration of Buprenorphine for Treating Opioid Use
Disorder (April 2021), which removed the “X-waiver” and increased the number of providers
by allowing any practitioner with a DEA registration that includes Schedule III authority to
prescribe buprenorphine for OUD, provided they comply with applicable state laws.
However, these components were codified by the Consolidated Appropriations Act,
2023, which was signed into law in December 2022, so the 2021 rules were no longer
necessary.
Opioid Drugs in Maintenance and Detoxification Treatment of Opiate Addiction (January
2001) and Repeal of Current Regulations and Issuance of New Regulations: Delay of
Effective Date and Resultant Amendments to the Final Rule (March 2001), which
established the regulatory framework for administering medications like methadone and
buprenorphine to individuals with opioid use disorder, transferred oversight from FDA to
SAMHSA, introduced an accreditation-based system for opioid treatment programs, relaxed
federal limitations on take-home methadone doses, permitting up to one month of take-home
medication after two years of successful treatment, and established program eligibility,
originally a documented history of opioid addiction for at least one year.
Some of these rules were revised by SAMHSA in 2024’s “Medications for the
Treatment of Opioid Use Disorder“ which removed the prerequisite of a one-year
history of opioid addiction before receiving treatment, permitted the initiation of
buprenorphine treatment via audio-only or audio-visual telehealth, and allowed patients
to receive take-home doses of methadone earlier in their treatment.
Congressional Hearings
Artificial Intelligence
On May 21, the House Energy and Commerce Committee’s Subcommittee on Commerce,
Manufacturing, and Trade held a hearing “AI Regulation and the Future of US Leadership.” The
hearing can be watched here.
Graduate Medical Education
On May 14, the House Judiciary Committee held a hearing on the MATCH program antitrust
exemption, discussing the benefits and drawbacks of the MATCH program, the need for rural
programs, issues with ACGME accreditation standards, international medical graduates and
alternative pathways to licensure, and federal funding cuts. The hearing can be watched here.
Requests for Information
Deregulation
HHS issued a RFI seeking input on “how to dramatically deregulate across all areas the Department
touches.” It also asks for submissions “explaining how regulations, guidance, paperwork requirements,
and other regulatory obligations can be repealed.” Comments are due by July 14.
Federal Contact
The FSMB's federal legislative staff will continue to track and monitor legislation and regulations of
interest to state medical boards. If there is specific legislation you would like us to assist with, please
contact Lisa Robin, Chief Advocacy Officer, at lrobin@fsmb.org, or by phone at (202) 463-4006.
Regulatory News
Board Structure and Function
The New Jersey State Board of Medical Examiners issued a proposed rule defining the role of
observers during patient examinations and outlining their responsibilities as part of efforts to prevent
sexual misconduct.
The South Dakota Board of Medical and Osteopathic Examiners issued a proposed rule
updating athletic trainer CME and supervision requirements and enacts a community paramedic
endorsement.
Judicial News
Gender-affirming Care
On May 13, a Montana district court judge ruled that the state’s Youth Health Protection Act (2023),
which bans gender transition-related medical services for minors, violates the Montana Constitution’s
rights to privacy, equal protection and free speech, and permanently blocked its enforcement.
Reproductive Care
On May 7, a judge in the U.S.D.C. for South Carolina ruled, in Bingham, et al. v. Wilson, that a
challenge to the state’s “heartbeat ban” by South Carolina physicians can proceed, though their
religious discrimination claim was dismissed. The doctors argue the law is so vague it risks exposing
them to criminal liability for misjudging abortion eligibility.
Legislation Signed into Law
Multi-topic
Oklahoma SB 929 – Enacted May 12, requires osteopathic medical schools to be accredited by the
Commission on Osteopathic College Accreditation, and have requirements aligned with American
Osteopathic Association standards. The bill grants osteopathic physicians resident training licenses in
their internship year, and an advanced training license for all other postgraduate students. The bill
removes provisions that allowed osteopaths engaged in interventional pain management to be
licensed by the Board of Osteopathic Examiners, adds a statement of purpose for the Board, and
revises the required biographical information posted to the official register. The bill also requires the
Board to establish restrictions for special licenses such as training licenses, removes provision from
current law which allows volunteer medical licensees to be issued or renewed without CME
requirements, and makes resident training licenses renewable. Lastly, the bill authorizes the Board to
impose disciplinary actions upon licensees, and allows licensees whose licenses have been revoked
to reapply within one year, and six months for suspensions.
Pertaining to background checks, authorizes the Board to obtain a national criminal history
background check for expedited licensure through the IMLC.
Regarding license portability, eliminates telemedicine and military spouse licenses, and allows the
board to issue a two-year osteopathic faculty license, without examination, to an applicant who is
licensed in another jurisdiction, is a graduate of an accredited school, and has completed the
requirements for general licensure.
Board Structure and Function
Alabama HB 194 – Enacted May 14, expands the Joint Committee of the State Board of Medical
Examiners and the Board of Nursing by adding two certified NPs and one certified nurse midwife in
active collaborative practice.
Alabama HB 346 – Enacted May 14, repeals the requirement that a retired physician must perform
100 hours of voluntary service annually to provide volunteer medical care at free clinics.
Continuing Medical Education
Maryland HB 783 – Enacted May 13, expands licensure renewal requirements to include approved
training on structural racism, in addition to implicit bias, and allows the Board to grant CME credit for
completing this training.
Diversity, Equity, and Inclusion
Tennessee SB 1084 – Enacted May 9, forbids any units of state or local government, including the
Board of Medical Examiners, and public colleges from maintaining or authorizing a DEI office, and
voids any existing DEI mandates, policies, or guidance.
Gender-affirming Care
Montana SB 218 – Enacted May 9, allows civil lawsuits against health care professionals if gender-
affirming care provided to minors results in mental or physical harm.
Healthcare Professionals’ Scope of Practice
South Carolina H 3996 – Enacted May 12, authorizes anesthesiologists to supervise up to four other
anesthesiologist assistants (AAs); current law only allows two. The bill also repeals the requirement
for AAs to appear before the Board with their sponsoring anesthesiologist to present their academic
credentials and knowledge.
Medical Marijuana
Hawaii SB 1429 – Enacted May 14, retroactively removes the December 31, 2024, sunset date for
primary caregivers to cultivate medical cannabis for patients, and increases the number of patients a
caregiver can be responsible for from one to five.
Public Health
Florida SB 700 – Enacted May 15 and effective July 1, establishes a statewide ban on adding “water
quality additives,” such as fluoride, to community water supplies, among other provisions; Florida is
the second state to do so after Utah.
Reproductive Care
Vermont S 28 – Enacted May 14, eliminates restrictions on a physician, PA, or APRN prescribing
abortion-inducing drugs via telemedicine. The bill also revises existing law regulating limited-service
pregnancy centers to prohibit “unfair and deceptive” acts more broadly by individuals that deliberately
mislead the public about services provided by these centers. It also prohibits sharing protected health
information of Vermonters with another jurisdiction that is conducting a criminal, civil, administrative,
or professional disciplinary investigation into health care legal in the state.
Regarding physician misconduct, adds detail to certain charges of unprofessional conduct, including
truth-in-advertising and delegating professional responsibilities.
Washington SB 5632 – Enacted May 12 and effective July 27, this shield law protects the
confidentiality of legal gender-affirming and reproductive care in Washington, bars cooperation with
out-of-state investigations, and blocks related subpoenas and warrants.
Telemedicine
Maryland HB 869 and SB 372 – Enacted May 13, repeals the limitation on “audio-only” telehealth
visits under the definition of telehealth.
Truth in Advertising
Colorado HB 1024 – Enacted April 7, requires APRNs who delegate medical-aesthetic services to
unlicensed providers to display their license information at the service location and include this
information in all related advertising.
Legislation Vetoed
Gender-affirming Care
Arizona SB 1586 – Vetoed May 12, the bill would have made healthcare professionals personally
liable for detransition-related costs if a minor received gender transition care, with a 25-year statute of
limitations.
Medical Marijuana
Oklahoma SB 522 – Vetoed May 9, the bill would have created the Medical Marijuana Authority
Executive Advisory Council, in part to organize a task force to research and provide recommendations
on purchase and possession limits for licensed medical marijuana patients, and would have required
the task force to consult with physicians and the allopathic and osteopathic boards, among others.
Pending Legislation of Interest
Board Structure and Function
South Carolina S 669 – Requires PAs, AAs, and APRNs to work within patient care teams in all
settings and sets standards for team-based care. The bill also establishes a 13-member Team-Based
Health Care Committee to support the Medical and Nursing Boards, including representatives from
each profession, board members, and a public appointee.
Corporate Practice of Medicine
Maine LD 1972 – Requires health care entities to submit written notice of a substantial change in
ownership, transaction analysis, and the financial records of all relevant parties to the Dept. of HHS
180 days prior to the change taking effect.
Continuing Medical Education
New Jersey A 5630 – Requires health care professionals and State employees to complete biennial
LGBTQ cultural competency training.
Gender-Affirming Care
New York S 7924 – Establishes a gender affirming care fund and program to provide support and
increase access to gender affirming care including medical and surgical care and therapies,
equipment and supplies, and mental health treatment.
Healthcare Professionals’ Scope of Practice
Wisconsin AB 257 – Requires APRNs—except certified nurse-midwives—to practice with physician
collaboration unless they complete 3,840 hours of supervised clinical practice. APRNs may treat pain
with invasive techniques only in collaboration with a pain specialist, except in hospitals or affiliated
clinics where qualified APRNs may do so independently. The bill also allows APRNs to delegate tasks
within their scope of practice to competent health workers and to issue prescriptions.
Licensure Compacts
Michigan SB 303 – Reenacts the IMLC in Michigan after the compact’s sunset date was triggered on
March 28.
Physician Misconduct
New York A 8286 and S 7865 – Prohibits health professionals from engaging in or concealing the
torture of incarcerated individuals and requires confidential reporting of any such incidents.
Pain Management/Prescribing Practices
New York S 7807 and A 5392 – Adds epinephrine nasal sprays to the definition of epinephrine
devices.
Reproductive Care
Minnesota SF 3518 – Requires health care professionals to take action to preserve the life and
health of an infant who is “born alive” following an abortion.
South Carolina H 4536 and H 4538 – Together, these bills impose liability on individuals or entities
involved in the manufacture, distribution, or provision of abortion-inducing drugs (H 4536) and prohibit
their production, possession, transport, or delivery within the state (H 4538). Both measures include
exceptions for medical emergencies and to protect the life or health of the woman.
Texas SB 2880 and HB 5510 – Creates civil (fines up to $100,000) and criminal (first or second
degree felonies) penalties for individuals that mail, deliver, or traffic abortion pills. The bill would also
allow women and families to bring wrongful death and injury suits six years after being “injured” by
abortion and empowers the Attorney General to bring lawsuits on behalf of “unborn children.” Lastly,
the bill claims that it cannot be challenged as unconstitutional in state court.
Telemedicine
New Jersey S 4358 – Allows providers to offer remote monitoring to pregnant patients with whom
they have a provider-patient relationship with when in-person care is not accessible.
FSMB Legislative Trackers
FSMB maintains free, public legislative trackers for a myriad of legislative topics impacting the
regulation and practice of medicine: additional licensure pathways, board authority/COVID-19,
board structure and function, continuing medical education, gender-affirming care, the
Interstate Medical Licensure Compact, IMGs, license portability, occupational licensing reform,
pain management, physician misconduct, reproductive care, and telemedicine.
State Contact
The FSMB's state legislative staff will continue to track and monitor legislation and regulations of
interest to state medical boards. If there is specific legislation you would like us to assist with, please
contact John Bremer, Director, State Legislation and Policy, at jbremer@fsmb.org, or by phone at
(202) 463-4021.
This email is not intended as an exhaustive or comprehensive statement of the law on this topic. It does not constitute
legal advice. Non–cited laws, regulation, and/or policy could impact analysis on a case–by–case or state–by–state basis.
All information should be verified independently, as these areas of law change rapidly and there is no guarantee that the
information presented reflects the current state of law and policy. If you have any questions about the contents of this
document, please contact FSMB staff.
Resources for Regulators
Resources for FSMB Members
Pathway to Medical Licensure in the U.S.
Meetings & Events
June 4-6, 2025: AIM 2025 Certified Medical Board Investigator
(CMBI) Training, Columbus, Ohio
June 10, 2025: FSMB New Board Member Training, Session 1:
Foundations of Medical Regulation and the Licensing Process
July 21, 2025: FSMB New Board Member Training, Session 2:
Discipline Process and Board Member Roles
August 20, 2025: FSMB New Board Member Training, Session 3:
Effective Governance and Ethics
September 3-6, 2025: 16th International Conference on Medical
Regulation, Dublin, Ireland
more meetings & events
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