On February 24, 2023, the Drug Enforcement Agency announced proposed rules for prescribing controlled substances via telemedicine after the COVID-19 Public Health Emergency expires.

 

The proposed rules were open for public comment for only thirty days, after which DEA would presumably issue final regulations. The proposal created two new limited options for telemedicine prescribing of controlled substances without a prior in-person exam. The options were complex and more restrictive than what has been allowed for the past three years under the covid waivers. 

 

The DEA’s proposal would discontinue the ability for telemedicine prescribing of controlled substances where the patient never has any in-person exam (with the exception of a prescription period of no more than 30 days’ supply). The initial reactionis the rules are more restrictive than necessary and impose concerning limitations and burdens on clinicians and the patients they treat.

 

In response to more than 38,000 comments on the proposal, the DEA and the Department of Health and Human Services submitted a draft temporary rule to the Office of Management and Budget that provides a temporary extension of telehealth flexibilities for controlled substance prescriptions. Details about the rule will become public after it is published in the Federal Register. I don't know when that will be.