DEA Releases Proposed Rule on E-Prescribing of Controlled Substances
(Jan. 21, 2025) On Jan. 15th, the U.S. Department of Health and Human Services (HHS) and Drug Enforcement Administration (DEA) published a rule related to telemedicine prescribing of controlled substances, including a special registration proposed rule. The proposed rule for special registration outlines three types of registration to waive in-person visit requirements prior to virtual prescribing of controlled substances.
The three types of special registration include:
- Telemedicine Prescribing Registration, authorizing qualified clinician practitioners to prescribe Schedule III-V controlled substances.
- Advanced Telemedicine Prescribing Registration, authorizing qualified specialized clinician practitioners to prescribe Schedule II-V controlled substances.
- Telemedicine Platform Registration, authorizing qualified covered online telemedicine platforms, in their capacity as platform practitioners, to dispense Schedule II-V controlled substances.
The rule also proposes a state registration for every state in which a patient is treated by the special registrant. Providers would need to apply for the special registrations. This proposed rulemaking also provides for heightened prescription, recordkeeping, and reporting requirements. The DEA believes that such changes are necessary to effectively expand patient access to controlled substance medications via telemedicine while mitigating the risks of diversion associated with such expansion.
Finally, the DEA also proposes that providers be required to review nationwide prescription drug monitoring programs after three years. LeadingAge National advocated multiple times for flexibility in this COVID-era rule due to the emergent nature of hospice, palliative care, and home health prescribing needs.
The DEA encourages all comments to be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type comments directly into the comment field on the webpage or to attach a file containing comments. Please go to Regulations.gov and follow the online instructions at that site. Comments on the proposed rule are due March 15th.
Contact: Carrie Mosley, cmosley@leadingageny.org, 518-867-8383 ext. 147