Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications

The purpose of this bulletin is to notify providers of the additional extension of telemedicine flexibilities for the prescribing of controlled substances by the Drug Enforcement Administration (DEA).
As a result of the COVID-19 Public Health Emergency (PHE), certain exceptions were put in place by DEA that allowed for the prescribing of controlled medications via telemedicine encounters even when the prescribing practitioner had not conducted an in-person medical evaluation of the member. These telemedicine flexibilities authorized practitioners to prescribe schedule II-V controlled medications via audio-video telemedicine encounters, including schedule III-V narcotic controlled medications approved by the Food and Drug Administration for maintenance and withdrawal management treatment of opioid use disorder via audio-only telemedicine encounters, provided that such prescriptions otherwise comply with the requirements outlined in DEA guidance documents, DEA regulations, and applicable Federal and State Law.
In March 2023, DEA promulgated two notices of proposed rule making in the Federal Register which proposed to expand patient access to prescriptions for controlled medications via telemedicine encounters. The comment period for these two notices generated more than 39.000 responses. In May 2023, DEA and the Department of Health and Human Services (HHS) issued the first temporary extension which extended the full set of telemedicine flexibilities regarding the prescribing of controlled medications as had been in place under the COVID-19 PHE. This was proceeded by a second temporary extension that was issued in October 2023, lasting until the end of 2024.
With the deadline of the second temporary extension approaching, DEA and HHS have issued a third temporary extension of the telemedicine flexibilities that will expire on December 31, 2025 to ensure a smooth transition for patients and practitioners that have come to rely on the availability of telemedicine for controlled medication prescriptions. This additional time will allow DEA (and also HHS, for rules that must be issued jointly) to promulgate proposed and final regulations that are consistent with public health and safety, and that also effectively mitigate the risk of possible diversion. Furthermore, this Third Temporary Rule will allow adequate time for providers to come into compliance with any new standards or safeguards eventually adopted in a final set of regulations.
For more Information, please visit:
Substance Abuse and Mental Health Services Administration Announcement: DEA and HHS Extend Telemedicine Flexibilities through 2025 | SAMHSA.
Federal Register posting: Federal Register: Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications.
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