PMHNP Scope of Practice for Weight Loss/GLP-1 in Michigan

You’ve built a solid psychiatric practice treating ADHD and depression via telehealth. Lately, more patients are asking about weight management — either because their antipsychotic medications caused weight gain, or they’ve heard about GLP-1 drugs like Ozempic and Wegovy and want to know if you can help. You’re a physician, so technically you can prescribe anything within your medical license. But should you? And more importantly, what are the legal rules when it comes to prescribing weight-loss medications via telemedicine?

The short answer: Yes, psychiatrists can legally prescribe weight-loss medications including GLP-1 agonists via telehealth in most states — but the devil is in the details. Federal DEA rules, state telehealth laws, and specialty-specific regulations all intersect here. Some states require in-person exams for certain controlled substances. Some have strict protocols for obesity treatment. And if you’re a PMHNP or working with mid-levels, scope of practice becomes even more nuanced.

Let’s break down everything you need to know to navigate this safely, legally, and profitably.

The Federal Picture: What Does the DEA Say About Telehealth Prescribing?

Ryan Haight Act and COVID-Era Flexibilities

Under the Ryan Haight Online Pharmacy Act (2008), prescribing controlled substances via telemedicine typically requires at least one in-person medical evaluation. Pre-pandemic, that meant you couldn’t start someone on phentermine (a Schedule IV appetite suppressant) or ADHD stimulants without meeting them face-to-face first.

When COVID hit, the DEA waived this requirement during the Public Health Emergency. That temporary waiver has been extended multiple times and is now active through December 31, 2026 (www.hhs.gov). In January 2025, the DEA proposed new permanent rules that would allow certain telehealth prescribing of controlled substances through a ‘Special Registration’ pathway, but those aren’t finalized yet.

What this means for you right now: You can prescribe Schedule III–V controlled substances (like phentermine) via telehealth to new patients without an in-person exam, as long as you follow standard prescribing protocols (DEA registration, appropriate evaluation, state PDMP checks). But this flexibility expires at the end of 2026 unless new rules extend it.

GLP-1 Agonists Are NOT Controlled Substances

Here’s the good news: Semaglutide (Wegovy, Ozempic), tirzepatide (Mounjaro, Zepbound), and liraglutide (Saxenda) are NOT controlled substances. They don’t fall under DEA scheduling at all (www.medicaldirectorco.com). That means the Ryan Haight Act’s in-person exam requirement doesn’t apply to them.

You can prescribe GLP-1s via telehealth to new patients in any state where you’re licensed, as long as you conduct an appropriate evaluation and meet that state’s standard of care. No federal barriers exist for non-controlled obesity medications.

The complication comes with older weight-loss drugs like phentermine (Adipex-P) and phendimetrazine, which are controlled substances and thus subject to both DEA rules and state-specific telehealth restrictions.

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State-by-State Rules: Where It Gets Complicated

Federal law sets the floor, but states can be more restrictive. Some states never fully embraced the DEA’s COVID waivers and maintained their own in-person exam requirements for controlled substances. Others have specific rules for obesity treatment that go beyond standard prescribing protocols.

New York: In-Person Exam Required for Controlled Substances

New York is the strictest state when it comes to telehealth prescribing of controlled substances. As of May 2025, New York regulations (10 NYCRR §80.63) require that providers conduct at least one in-person medical evaluation before prescribing any controlled substance to a patient (www.cchpca.org).

There are limited exceptions:

• Another NY-licensed provider examined the patient in person within the last 12 months and shared records
• You’re covering for a colleague who saw the patient in person
• It’s an emergency for an existing patient (5-day supply max) (www.law.cornell.edu)

Practical impact: If you’re treating NY patients via telehealth and want to prescribe phentermine, you’ll need to either see them in person first or partner with a local clinic that can handle the initial exam. For GLP-1s (non-controlled), you’re fine with video-only telehealth.

New York also requires checking the I-STOP PMP registry within 24 hours before prescribing any Schedule II–IV medication (www.law.cornell.edu), and all prescriptions must be electronic.

Florida: Obesity-Specific Regulations

Florida allows telehealth prescribing of Schedule III–V controlled substances (phentermine is fine), but prohibits teleprescribing Schedule II drugs except for psychiatric treatment, inpatient/hospice care, or nursing home patients (florida.public.law).

More importantly, Florida has specific rules for weight-loss prescribing that apply to ALL providers (psychiatrists included):

Required by Florida Admin. Code 64B8-9.012:

• Patients must have BMI ≥30 (or ≥27 with comorbidities) (regulations.justia.com)
• Conduct and document an appropriate evaluation (history, physical exam, necessary tests)
• Obtain written informed consent outlining risks and benefits (regulations.justia.com)
• Re-evaluate patients at least every 3 months while on anti-obesity medications (regulations.justia.com)
• Provide each patient with Florida’s ‘Weight-Loss Consumer Bill of Rights’

Florida’s Commercial Weight-Loss Practices Act also requires written price quotes and prohibits advertising that guarantees specific results (www.ofdigitalinterest.com).

All Florida prescribers must check the E-FORCSE PDMP before prescribing any controlled substance to patients 16 or older.

California: Telehealth-Friendly but Medicaid Changes Coming

California embraced telehealth early. A telehealth exam satisfies the ‘appropriate prior examination’ requirement for prescribing — no separate in-person visit needed (www.medicaldirectorco.com).

Key CA requirements:

• Documented patient consent for telehealth services (CA B&P §2290.5) (www.medicaldirectorco.com)
• Check CURES PDMP before first prescription of any Schedule II–IV drug and at least every 4 months for ongoing therapy (www.medicaldirectorco.com)
• All prescriptions must be electronic
• Strict Corporate Practice of Medicine rules — only physician-owned entities can provide medical services (www.medicaldirectorco.com)

Important change: As of January 2026, California’s Medi-Cal will no longer cover GLP-1 medications for weight loss — they’re reclassifying them as ‘non-covered’ (www.cmadocs.org). This shifts more patients toward cash-pay telehealth models.

Texas: Video Required, Delegation for Mid-Levels

Texas allows telehealth prescribing with no in-person requirement for most medications, including weight-loss drugs. The key is establishing a valid patient relationship via acceptable methods — typically live video (audio-only is generally insufficient for prescribing) (www.cchpca.org).

Texas practitioners must:

• Provide follow-up care instructions
• With patient consent, send a report to the patient’s primary care provider within 72 hours (www.cchpca.org)
• Check the Tx PMP for controlled substances (phentermine) (www.medicaldirectorco.com)

For NPs and PAs: Texas requires a Prescriptive Authority Agreement with a physician. Weight-loss drugs must be explicitly included in the delegation protocol (www.medicaldirectorco.com).

Pennsylvania: Federal Rules Apply, PDMP Checks Required

Pennsylvania defers largely to federal law for telehealth prescribing. Under the current DEA extension, PA psychiatrists can prescribe controlled substances via telehealth. The state requires checking the PA PDMP before first prescribing any controlled substance, and each time for opioids and benzodiazepines (www.pa.gov).

For NPs: Pennsylvania CRNPs require a Collaborative Agreement with a physician to prescribe, including controlled substances. No independent practice for NPs yet.

Illinois: Full Practice Authority, Telehealth-Friendly

Illinois explicitly allows telehealth for establishing patient relationships and prescribing. No in-person exam required as long as the telehealth encounter meets standard of care.

Notable: Illinois offers Full Practice Authority (FPA) for APRNs after 4,000 hours of clinical experience. NPs with FPA can prescribe independently, including controlled substances (with consultation agreements for Schedule II opioids).

Illinois requires checking the PMPnow database for Schedule II narcotics each time prescribed, and every 90 days for ongoing therapy.

Psychiatrist Scope of Practice for Weight Loss: Legal vs. Ethical Considerations

You’re Legally Permitted, But Are You Competent?

As a physician, your medical license gives you broad prescribing authority. There’s no law preventing a psychiatrist from prescribing semaglutide or phentermine for obesity. State medical boards will hold you to the same standard as any physician treating obesity — which means:

Expected practices:

• Document BMI and comorbidities
• Obtain informed consent about risks/benefits
• Address contraindications (cardiovascular disease, psychiatric conditions for stimulants)
• Provide or coordinate nutrition/exercise counseling
• Schedule appropriate follow-ups (monthly initially, then quarterly)
• Monitor for side effects and treatment response

Several states like New Jersey explicitly require ruling out endocrine causes, psychiatric evaluation, and documentation of diet/exercise counseling before prescribing weight-loss medications (www.goodwinlaw.com). Virginia mandates a physical exam, lab work, and 30-day follow-up (www.goodwinlaw.com).

The Psychiatric Angle: When Weight Loss Overlaps with Mental Health

Psychiatrists are uniquely positioned to address weight management when it intersects with mental health:

Antipsychotic-induced weight gain: Patients on olanzapine or clozapine often gain significant weight. Prescribing metformin or a GLP-1 as metabolic protection falls squarely within psychiatric practice.

Binge eating disorder: Certain weight-loss medications (like lisdexamfetamine/Vyvanse) are FDA-approved for BED. This is clearly in a psychiatrist’s wheelhouse.

Stimulant considerations: Phentermine is a stimulant that can cause anxiety, insomnia, or trigger mania in bipolar patients. Psychiatrists are best equipped to assess these risks.

Depression and obesity: The relationship between depression and weight is bidirectional. Treating both simultaneously makes clinical sense.

What About PMHNPs and Psychiatric NPs?

Here’s where scope gets trickier. Psychiatric-Mental Health Nurse Practitioners are trained and certified to treat mental health conditions. Prescribing purely for obesity (without a psychiatric indication) may be viewed as outside their scope by state nursing boards.

State-specific considerations:

Florida: PMHNPs need physician collaboration or supervision. Treating obesity would likely require a supervising physician with appropriate expertise (ideally family practice or internal medicine, not just a psychiatrist) (florida.public.law).

California: NPs practice under Standardized Procedures with physician oversight, unless they qualify for independent practice under AB 890 (phased in through 2026). Even with independence, a psych-NP treating obesity might face scrutiny unless they have additional training or certification.

Texas: NPs must have a Prescriptive Authority Agreement explicitly covering weight-loss medications. The supervising physician should be competent in obesity management.

Bottom line for PMHNPs: You can prescribe weight-loss medications under physician collaboration or protocols, but you should either have additional obesity medicine training or limit your practice to cases with clear psychiatric comorbidities (depression, BED, medication-induced weight gain). Trying to run a pure weight-loss clinic as a PMHNP without appropriate physician oversight is legally risky.

The Economics of Telehealth Weight Loss: Is This Worth Pursuing?

Patient Demand Is Real

Over 40% of U.S. adults have obesity. GLP-1 drugs have exploded in popularity, with nationwide shortages in 2023. Patients are actively seeking providers who can prescribe these medications, especially via telehealth where access is easier and stigma is lower.

Primary care doctors have raised concerns about telehealth weight-loss prescribers — 62% worry about clinically inappropriate prescribing and poor follow-up (www.fiercehealthcare.com). This creates an opportunity for responsible psychiatric providers who can offer comprehensive, protocol-driven care.

The Patient Acquisition Challenge

Here’s the reality most providers don’t talk about: Acquiring qualified psychiatric or weight-loss patients through traditional marketing is expensive and time-consuming.

DIY marketing costs when you factor in EVERYTHING:

• SEO: Takes 6–12 months of consistent investment before generating meaningful patient flow. You need technical optimization, content creation, and often an agency ($2,000–5,000/month). Most solo providers don’t have the expertise or patience.
• Google Ads: Mental health keywords cost $15–40+ per click. Most clicks don’t convert to booked patients. Realistic cost per booked patient through PPC is $200–400+ when you include testing, optimization, and no-shows.
• Directory listings: Psychology Today, Zocdoc, and others charge monthly fees ($30–200/month) AND you compete with hundreds of providers on the same page. Zocdoc charges per booking ($35–100+), so total monthly cost including subscription adds up quickly.
• Agency/consultant fees: If you hire help, you’re spending $3,000–5,000/month minimum.
• Staff time: Someone has to answer calls, qualify leads, schedule appointments, and handle no-shows from cold leads.
• Failed campaigns: Many providers burn thousands testing channels that don’t work.

Total realistic CAC through DIY channels: $200–500+ per qualified patient when you account for ALL costs and time.

The Klarity Health Model: Pay Only When Patients Book

Instead of gambling $3,000–5,000/month on marketing with uncertain results, Klarity Health uses a pay-per-appointment model (similar to Zocdoc) where providers pay a standard listing fee per new patient lead.

Key value propositions:

• No upfront marketing spend — zero monthly subscriptions or retainers
• Pre-qualified patients already matched to your specialty and availability
• No wasted ad spend on clicks that don’t convert
• Built-in telehealth infrastructure — no separate platform costs
• Both insurance and cash-pay patient flow
• You control your schedule — only pay when you see patients

This removes all the risk. Instead of spending months and thousands of dollars hoping SEO will eventually work, or burning money on Google Ads that might not convert, you get qualified patients showing up ready to book — and you only pay when they do.

For psychiatrists expanding into weight management, this is especially valuable because you can test the service without committing to expensive marketing campaigns. See if there’s demand in your state. Adjust your protocols. Scale up when it makes sense — without the financial risk of traditional patient acquisition.

Reimbursement Reality

Insurance coverage for weight-loss medications varies:

• Many commercial plans cover GLP-1s for diabetes but not obesity
• Some plans require prior authorization showing failed diet/exercise attempts
• California’s Medi-Cal dropping coverage in 2026 (www.cmadocs.org)
• Medicare doesn’t cover weight-loss drugs (except for diabetes)

This pushes many patients toward cash-pay models, which actually works in your favor for telehealth. Patients paying out-of-pocket are often more motivated and compliant.

Typical cash-pay pricing:

• Initial consultation: $150–300
• Follow-up visits: $75–150
• Monthly medication costs: $900–1,500 for brand-name GLP-1s (less with insurance or compounding pharmacies)

If you see 10–15 weight management patients per month at these rates, you’re adding $15,000–30,000 in annual revenue. And since these are established relationships requiring quarterly follow-ups, you’re building recurring revenue.

Compliance Checklist: How to Prescribe Weight-Loss Meds via Telehealth Safely

Before You Start

1. Verify licensure in patient’s stateYou must be licensed where the patient is physically located. Period. No federal telehealth license exists (outside VA/federal systems).

2. Review state-specific requirements

• Does the state require in-person exams for controlled substances? (NY: yes; TX/FL: no for Schedule IV)
• Are there obesity treatment protocols? (FL, NJ, VA have specific rules)
• What are the PDMP requirements?

3. Set up compliant telehealth technology

• HIPAA-compliant video platform
• Electronic prescribing system with EPCS capability (required in NY, IL, and many states)
• State PDMP registration and access

4. Establish clinical protocols

Initial evaluation must include:

• Comprehensive medical history (prior weight-loss attempts, comorbidities, medication history)
• Mental health screening (especially important for psychiatrists — rule out eating disorders, assess for contraindications to stimulants)
• Current medications and allergies
• Vital signs (patient can use home scale/blood pressure monitor; some services mail devices)
• BMI calculation
• Labs if appropriate (thyroid function, fasting glucose, lipid panel — can order through LabCorp/Quest with telehealth-friendly options)
• Check state PDMP if prescribing controlled substances

Informed consent documentation:

• Risks/benefits of medication
• Expected side effects
• Cost (especially if cash-pay)
• Telehealth limitations
• State-specific disclosures (e.g., Florida’s Consumer Bill of Rights)

Treatment plan:

• Medication choice and dosing
• Diet and exercise recommendations (document this — states like NJ require it)
• Follow-up schedule (monthly initially, then quarterly minimum)
• Monitoring plan (weight, blood pressure, side effects)
• Coordination with primary care (send note with patient consent)

Ongoing Management

Follow-up requirements vary by state:

• Florida: Every 3 months minimum (regulations.justia.com)
• Virginia: Within 30 days of starting therapy (www.goodwinlaw.com)
• Best practice: Monthly for first 3 months, then quarterly if stable

Each follow-up should document:

• Weight change
• Side effects
• Medication adherence
• Diet/exercise efforts
• Any changes in medical or psychiatric status
• Decision to continue, adjust, or discontinue therapy

For controlled substances:

• Re-check PDMP at intervals per state law (e.g., every 4 months in CA for phentermine)
• Document justification for continued therapy
• Watch for signs of misuse (early refill requests, escalating doses without medical justification)

Red Flags to Avoid

What gets providers in trouble:

• No evaluation — prescribing based on online questionnaire alone (illegal in most states)
• No follow-up — ‘prescribe and forget’ creates liability and violates standard of care
• Out-of-scope practice — PMHNPs running weight-loss clinics without physician oversight
• Misleading advertising — guaranteeing results or making false claims (FL, CA specifically prohibit)
• Corporate practice violations — non-physicians controlling medical decisions (especially in CA, TX)
• PDMP failures — not checking when required, or missing red flags in patient’s history
• Poor documentation — can’t defend your decision-making if records are sparse

FAQ: Top Questions About Telehealth Weight-Loss Prescribing

Can I prescribe GLP-1 agonists like Ozempic via telehealth to new patients?

Yes, in all states where you’re licensed. GLP-1 medications (semaglutide, tirzepatide, liraglutide) are not controlled substances, so federal DEA rules don’t restrict them. You must conduct an appropriate telehealth evaluation that meets your state’s standard of care (typically live video), document the medical necessity, and provide informed consent. No in-person visit is required federally or in most states for non-controlled obesity medications.

Do I need an in-person visit to prescribe phentermine online?

It depends on your state. Under current federal rules (through Dec 31, 2026), you can prescribe phentermine via telehealth without an in-person exam. However:

• New York requires at least one in-person evaluation before prescribing any controlled substance, with limited exceptions (www.cchpca.org)
• Texas, Florida, California, Pennsylvania, and Illinois allow telehealth prescribing of phentermine (Schedule IV) under current law, as long as you establish a valid patient relationship via video and follow state PDMP requirements

Always check your specific state’s medical board guidance, as this landscape will change when permanent DEA rules are finalized.

As a PMHNP, can I offer weight-loss treatment via telehealth?

You can, but you need appropriate physician collaboration. Psychiatric nurse practitioners are trained to treat mental health conditions. Prescribing purely for obesity without a psychiatric indication may be viewed as outside your scope of practice.

Best approaches:

• Focus on psychiatric comorbidities — treat patients with medication-induced weight gain, binge eating disorder, or depression with obesity
• Work under physician protocols — have a collaborating MD (ideally in family practice or internal medicine) who oversees the weight management aspect
• Get additional training — consider certification in obesity medicine or completing a weight management CME program to demonstrate competence
• Follow your state’s scope rules — some states (FL, TX, CA) strictly limit NP independent practice, especially for non-psychiatric conditions

Trying to run a standalone weight-loss clinic as a PMHNP without proper physician oversight is legally risky and could result in board action.

What’s the difference between prescribing weight-loss meds as a psychiatrist vs. a primary care provider?

Legally, there’s no difference — your MD/DO license allows you to prescribe any FDA-approved medication. Practically:

• Psychiatrists should focus on the mental health intersection — treating patients where obesity and psychiatric conditions overlap
• You need to be competent in metabolic monitoring — understanding cardiovascular risks, drug interactions, contraindications
• Document beyond your usual scope — include BMI, comorbidities, diet/exercise counseling (not just mental status exam)
• Consider coordination with primary care — send notes to patients’ PCPs, especially if you’re managing chronic medication therapy
• Be prepared for different reimbursement — some insurers may question a psychiatrist billing for obesity management (use appropriate diagnosis codes)

Some psychiatrists pursue additional ABOM (American Board of Obesity Medicine) certification to strengthen their credibility, though it’s not legally required.

What happens when the DEA telehealth extension expires in 2026?

Honest answer: We don’t know yet. The DEA has proposed new permanent rules that would allow some continued telehealth prescribing of controlled substances through a ‘Special Registration’ pathway. They’re also considering allowing Schedule II prescribing for psychiatric conditions via telehealth with restrictions.

Most likely scenarios:

• GLP-1s remain unrestricted — they’re not controlled, so no change
• Phentermine may require in-person visit — return to Ryan Haight Act standard, or require special DEA registration
• Some flexibility for psychiatry — DEA may carve out exceptions for ADHD stimulants and other psych meds via telehealth

What you should do:

• Monitor DEA rule-making (final rules expected 2026)
• Be prepared to adjust protocols (possibly requiring hybrid in-person/telehealth models)
• Consider focusing on non-controlled weight-loss medications (GLP-1s) for pure telehealth
• Stay connected with professional organizations (APA, AMA) that will advocate for telehealth access

Should Psychiatrists Add Weight Management to Their Telehealth Practice?

The answer depends on your clinical interests, risk tolerance, and business goals.

This makes sense if:

• You’re already treating patients with medication-induced weight gain or eating disorders
• You’re interested in metabolic psychiatry and holistic patient care
• You want to add a cash-pay revenue stream to supplement insurance reimbursement
• You’re comfortable with the medical management side (not just psych medications)
• You have time for monthly follow-ups and coordinated care

This might not be right if:

• You prefer to stay strictly within traditional psychiatric scope
• You don’t want to deal with state-specific obesity regulations and frequent rule changes
• You’re not prepared to coordinate with primary care providers
• You don’t have time for the comprehensive evaluations and follow-ups required

The Smart Play: Partner with a Platform That Handles Patient Acquisition

The biggest barrier for most psychiatrists isn’t clinical competence — it’s getting qualified patients without burning thousands on marketing.

Traditional path:

• Spend 6–12 months on SEO
• Burn $3,000–5,000/month on Google Ads
• List on multiple directories ($50–200/month each)
• Hire staff to handle leads and no-shows
• Hope something works

Klarity Health approach:

• Zero upfront marketing spend
• Pre-qualified patients matched to your availability
• Pay only when patients book appointments
• Built-in telehealth platform and billing
• Both insurance and cash-pay options

This removes all the guesswork and financial risk. You can test weight management services, see if there’s demand in your state, and scale up — without gambling on expensive marketing campaigns that might not work.

If you’re licensed to prescribe in high-demand states (CA, TX, FL, NY), there are qualified patients actively searching for providers right now. The question is whether you’ll spend months and thousands trying to reach them through DIY marketing, or join a platform that delivers them to you.

Ready to Expand Your Practice?

Telehealth weight management is a growing opportunity for psychiatrists who can navigate the regulations and provide comprehensive, ethical care. You already have the prescribing authority. You understand the mental health components. You’re comfortable with telehealth.

The key is doing it right: following state-specific rules, documenting thoroughly, coordinating with other providers, and ensuring patients get genuine clinical benefit — not just pills.

And critically: solving the patient acquisition problem without burning your budget on marketing channels that take months to work and cost hundreds per patient.

Join Klarity Health’s provider network and start seeing qualified weight management patients this month — with no upfront costs, no marketing gambles, and no long waits for SEO to kick in. You control your schedule. You provide the care. We handle the rest.

[Explore Klarity’s Provider Platform →]

Sources and References

Source:

• https://www.hhs.gov/press-room/dea-telemedicine-extension-2026.html#:~:text=announced%20a%20fourth%20temporary%20extension,disruptions%20in%20care%20while%20permanent
• https://www.medicaldirectorco.com/texas-weight-loss-clinic-telehealth-compliance-guide/#:~:text=,FDA%2C%20pharmacy%2C%20and%20board%20alerts
• https://www.cchpca.org/topic/online-prescribing/#:~:text=No%20controlled%20substance%20shall%20be,for%20the%20medical%20evaluation%2C%20and
• https://florida.public.law/statutes/fla.stat.456.47#:~:text=provider%20is%20not%20required%20to,is%20prescribed%20for%20the%20following
• https://www.goodwinlaw.com/en/insights/publications/2024/03/alerts-lifesciences-hltc-changing-regulatory-reimbursement-weight-loss-drugs#:~:text=Florida%20law%20restricts%20the%20prescribing,5
• https://www.ofdigitalinterest.com/2023/09/weight-loss-programs-in-florida-state-law-considerations-for-glp-1-telehealth-providers/#:~:text=2000%20%28Fla,loss%20providers%20are%20required%20to
• https://www.medicaldirectorco.com/california-weight-loss-clinic-and-telehealth-compliance-guide-2025/#:~:text=medical%20director%20and%20retain%20full,Clinics%20must%20maintain%20DEA
• https://www.medicaldirectorco.com/texas-weight-loss-clinic-telehealth-compliance-guide/#:~:text=,require%20DEA%20registration
• https://www.fiercehealthcare.com/providers/primary-care-doctors-concerned-about-patient-risks-telehealth-prescribers-glp-1s-survey#:~:text=Primary%20care%20physicians%20are%20mainly,cited%20by%20half%20of%20physicians
• https://www.goodwinlaw.com/en/insights/publications/2024/03/alerts-lifesciences-hltc-changing-regulatory-reimbursement-weight-loss-drugs#:~:text=New%20Jersey%20law%20requires%20that,and%20identify%20the%20risks%20associated