DEA and HHS Again Extend Telehealth Controlled Substances Flexibilities
In a significant development for healthcare providers and patients alike, the rule permitting the telehealth prescription of controlled substances for new patient-provider relationships has been extended through the end of 2024. This marks the second extension to the rule implemented in 2020 by the U.S. Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) in response to the COVID-19 pandemic.
The DEA and HHS announced the second temporary extension on October 10, 2023. This move overrode the prior November 11, 2023 expiration and extends the application of the telehealth prescribing flexibility rule to December 31, 2024, irrespective of when the patient-provider relationship was established.
Before the onset of the COVID-19 pandemic, the Ryan Haight Online Consumer Protection Act of 2008 mandated an in-person evaluation of patients before healthcare providers could prescribe controlled substances. However, in response to the unique challenges posed by the pandemic, the DEA and HHS implemented temporary exceptions to this requirement, allowing healthcare providers to prescribe scheduled medications after conducting patient evaluations solely via telehealth.
The initial extension, issued on May 10, 2023, granted new patients the ability to receive prescriptions for scheduled medications through telehealth until November 11, 2023. For established patients, this privilege was extended until November 11, 2024. This second temporary extension expands telehealth prescribing flexibilities for all patient-provider relationships through the end of 2024.
The extension affords the DEA and HHS time to evaluate stakeholder comments received in response to two notices of proposed rulemakings (NPRMs) issued jointly in March 2023. These notices suggested allowing prescribers to provide a 30-day supply of medication to patients via telehealth. However, beyond this period, an in-person evaluation would be required to continue prescribing. Furthermore, certain medications would be exempted from telehealth prescribing, and an initial in-person visit would be mandated for prescribing Schedule II through V medications. Learn more about both the second temporary extension and the NPRMs, here.
The DEA and HHS emphasized their commitment to creating telehealth regulations that align with public health and safety, indicating that they are reviewing stakeholder comments to inform these regulatory measures. Additionally, the DEA has referenced plans to announce new standards by the fall of 2024, underscoring the evolving landscape of telehealth regulations and their critical role in modern health care delivery.
Bleakley Platt & Schmidt continues to track developments in telehealth policy and will post updates for our health care clients as information becomes available. To stay compliant with these changing rules, contact Robert Braumuller of the Firm’s Health Law Practice Group at (914) 287-6185 or rbraumuller@bpslaw.com.