DEA Submits Final Rule to Extend Telemedicine Flexibilities for a Third Time
(Oct. 22, 2024) The U.S. Drug Enforcement Administration (DEA) submitted a final rule to the Office of Management and Budget (OMB) for a third temporary extension of the COVID telemedicine flexibilities for prescription of controlled substances.
As LeadingAge previously reported, the DEA is working to update COVID waivers that allowed prescribers to write prescriptions for controlled substances without an in-person meeting. Those current flexibilities are set to expire Dec. 31, 2024. The current proposed rule to update the flexibilities, which was redrafted after considerable pushback in 2023, has yet again hit major hurdles with advocates from across the care continuum. A former DEA staff member shared that the proposal, which has been with OMB since June 2024, would be even more restrictive than the original proposal. LeadingAge does not expect the new proposed rule to be published before the election, but the temporary extension will allow more time for advocates, prescribers, and patients to review and comment on the proposal without losing access to essential medications.
Concerned over reports that the DEA plans to limit flexibilities allowing health care providers to prescribe controlled substances via telemedicine, lawmakers from the House of Representatives pressed DEA Administrator Anne Milgram for more details in an Oct. 11th letter.
Lawmakers took issue with the agency’s work to create a special registration process for telemedicine prescribing. During the COVID pandemic, the DEA allowed for most controlled medicines, like attention-deficit/hyperactivity disorder (ADHD) medications, to be prescribed via telemedicine rather than in person.
As LeadingAge reported on Oct. 14th, the DEA has extended the flexibilities twice and appears poised to extend those flexibilities a third time. The DEA has not said how long the third extension will be. The current flexibilities are set to expire on Dec. 31, 2024.
In the letter, lawmakers expressed concern about reports that the DEA ultimately has plans to limit telemedicine prescribing and the misalignment with legislative intent of the registration program as well as the potential to hurt patient access to necessary drugs.
Furthermore, the letter voices concern regarding time running out for the DEA to finalize the rule before it reverts back to pre-COVID prescribing requirements on Dec. 31, 2024.
Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871