DEA Proposes Limited Post-PHE Telemedicine Prescription

DEA Proposes Limited Post-PHE Telemedicine Prescription of Controlled Substances

Overview


On February 24, 2023, the US Drug Enforcement Administration (DEA) issued two proposed rules (the Telemedicine Controlled Substance Proposed Rule and the Telemedicine Buprenorphine Proposed Rule) that would establish additional potential pathways for the prescription of certain controlled substances in limited quantities via telehealth without an initial in-person medical examination. Currently, this practice is allowed during the COVID-19 public health emergency (PHE), which is slated to end on May 11, 2023. The DEA issued a press release, a chart on practitioner rules, frequently asked questions regarding how the proposed rules may impact practitioners and patients, a flow chart explaining the proposed rules and a handout describing whether a prescription is a controlled substance. Stakeholders have 30 days to comment after publication of the proposed rules in the Federal Register.