DEA Re-Examining Proposal to Limit the Prescription of Controlled Substances Via Telehealth
On May 3, 2023, the DEA released a statement that it had received a record 38,000 comments on its proposed rule that would no longer permit telehealth providers to prescribe controlled substances if the patient never had an in-person examination, subject to limited exceptions (see our March 21, 2023 article on this and related issues). “We take those comments seriously and are considering them carefully,” the DEA noted in its statement. “We recognize the importance of telemedicine in providing Americans with access to needed medications, and we have decided to extend the current flexibilities while we work to find a way forward to give Americans that access with appropriate safeguards.” Pending a final determination on the issue, the DEA and HHS have jointly issued a draft Temporary Rule extending the Covid-19 telemedicine flexibilities for prescription of controlled medications. This Temporary Rule will become effective when it is published in the Federal Register, which of this writing has not yet occurred. The full text of the DEA’s May 3 statement can be found here: Click.