Extended Flexibilities—Prescribing Controlled Substances via Telemedicine

The U.S. Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services (HHS) recently issued a regulation that extends the full set of telemedicine flexibilities regarding the prescribing of controlled medications that were implemented during the COVID-19 public health emergency (PHE).  The flexibilities are now extended through December 31, 2025.

Prior to the PHE, the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (the Ryan Haight Act), allowed a prescribing practitioner—subject to certain exceptions—to prescribe controlled medications to a patient after conducting an in-person evaluation of that patient.  In response to the PHE, temporary flexibilities were implemented, allowing DEA-registered practitioners to prescribe schedule II-V controlled substances to  patients using telemedicine technology without having conducted an in-person medical evaluation if required conditions are met (see March 31, 2020 letter).

The most recent extension ensures the continuation of the current telemedicine prescribing rules, allowing the DEA time to consider a new path forward for telemedicine.  Without an extension, the flexibilities were set to expire at the end of the year. Many health care providers and patients rely on telemedicine to access necessary medications.