The Biden administration has announced an extension of flexibilities for the prescription of controlled substances through telemedicine. The Drug Enforcement Administration (DEA) has stated that healthcare providers will be permitted to continue using telemedicine to prescribe certain controlled substances until the end of 2024. This temporary rule is designed to ensure a seamless transition for patients and healthcare practitioners who have come to rely on telemedicine for controlled medication prescriptions. It also allows providers adequate time to comply with any future standards or safeguards.
During the COVID-19 public health emergency, the DEA relaxed its restrictions on controlled substance prescriptions. Previously, patients were required to have at least one in-person visit, but the administration revised the rule to prevent interruptions in care.
The controlled substances covered by this rule include stimulant medications for attention-deficit/hyperactivity disorder (ADHD), anxiety medications, and medications for opioid use disorder.
In February, the DEA proposed new rules that would roll back these flexibilities once the public health emergency declaration ended on May 13. However, the proposed rules faced immediate backlash from doctors and telehealth groups.
Shortly before the expiration of the emergency declaration, the DEA announced a temporary extension of telehealth flexibilities until November 11.
The American Telemedicine Association and its lobbying group ATA Action commended the DEA’s decision, stating that they appreciated the agency’s thoughtful and thorough approach to establishing the right rules.
However, the Health Innovation Alliance, a health technology advocacy group representing providers, insurers, patients, and others, criticized the DEA for unnecessarily delaying progress.
In a statement, the organization said, “While this extension will benefit millions of Americans who require vital medications, it is important to note that an extension is not a permanent solution. The DEA needs to stop stalling, acknowledge the success of tele-prescribing, and trust the medical professionals who are providing care to patients.”
In a recent listening session, the DEA received input from various stakeholders, including patients, doctors, and industry groups. These stakeholders urged the agency to extend the rules and revise its policy to establish a special registration pathway for remote prescribing.
A number of lawmakers, including Senators Mark Warner (D-Va.), John Thune (R-S.D.), Catherine Cortez Masto (D-Nev.), and Shelley Moore Capito (R-W.Va.), also called on the DEA to reconsider its proposed rules. In a letter last month, they expressed concerns that the rules would limit doctors’ ability to prescribe controlled substances without an in-person visit and impose unnecessary requirements on healthcare providers.
The latest extension of these flexibilities will remain in effect until December 31, 2024. The DEA has announced that it is actively working to develop new regulations by the fall of 2024.
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