DEA Extends Telemedicine Flexibilities for Controlled Medication Prescriptions
01/13/2025
The Drug Enforcement Administration (DEA) has provided clarity on the continuation of telemedicine prescribing flexibilities for controlled medications. These updates are critical for healthcare providers managing telemedicine practices, especially those prescribing medications for opioid use disorder (MOUD).
Overview of Key DEA Rules and Updates
- COVID-19 Telemedicine Flexibilities Temporary Rule (DEA-DC-018 and DEA-DC-022)
- Published in the Federal Register on May 10, 2023 (88 FR 30042).
- Addressed two critical areas:
- State Reciprocity: Facilitating telemedicine across state lines.
- Telephonic Prescribing for MOUD: Permitting prescriptions for opioid use disorder treatments via telephone consultations.
- Extension of Telemedicine Flexibilities (Third Temporary Rule)
- As the COVID-19 Public Health Emergency (PHE) expired on May 11, 2023, the DEA enacted a third temporary rule to extend these telemedicine prescribing flexibilities.
- Published in the Federal Register (89 FR 91253).
- Extends the exceptions until:
- December 31, 2025
- Or until the DEA finalizes a permanent rule on telemedicine prescribing practices.
Impact on Practitioner-Patient Relationships
For practitioner-patient relationships established after the expiration of the COVID-19 PHE:
- The temporary rule allows providers to continue prescribing controlled substances via telemedicine without an in-person consultation under specific conditions.
- This ensures continuity of care while the DEA evaluates and finalizes permanent telemedicine guidelines.
Next Steps for Providers
- Stay Informed: Monitor updates from the DEA for the publication of the Final Rule on telemedicine.
- Comply with Current Rules: Adhere to the extended temporary rules for telemedicine prescribing through December 31, 2025.
- Understand State Reciprocity: Ensure compliance with state-level regulations for telemedicine practices.
- Leverage Telemedicine Tools: Continue using telemedicine platforms to serve patients effectively, particularly for MOUD treatment.
These updates provide crucial support to practitioners, ensuring patients have continued access to necessary medications, particularly for substance use disorders. For more detailed information, consult the Federal Register notices or reach out to your regulatory compliance advisor.