DEA Announces Proposed Rules for Permanent Telemedicine Flexibilities

The Drug Enforcement Administration announced proposed permanent rules for the prescribing of controlled medications via telemedicine, expanding patient access to critical therapies beyond the scheduled end of the COVID-19 public health emergency. The proposed rules aim to extend many of the flexibilities adopted during the public health emergency with appropriate safeguards.

The first rule would curtail any practitioner practicing telemedicine to offering a 30-day supply of a controlled substance to a patient. After 30 days, an in-person visit is required, with either that practitioner or an eligible referring practitioner. This includes individuals that have previously worked with a practitioner on an entirely virtual basis.

The second proposed rule would restrict prescriptions to non-narcotic schedule III-V controlled medications (not allowing schedule II or IIN substances like stimulants used for mental health) without a prior in-person visit by either that practitioner or an eligible referring practitioner.

Under both rules, practitioners would be required to keep additional detailed records regarding prescriptions issued as a result of a telemedicine encounter. In order to ease the adjustment, the proposed rules would create a 180-day grace period for patient-provider relationships established during the public health emergency. The proposed rules are open for public comment until March 31st.