DEA Temporary Rule Extends Telemedicine Flexibilities for Prescription of Certain Controlled Medications

Last week, the U.S. Drug Enforcement Administration (DEA) issued a temporary rule to extend COVID-19 Public Health Emergency (PHE) telemedicine flexibilities for the prescription of controlled medications. The goal of the temporary rule is to ensure a smooth transition for patients and practitioners that have come to rely on the availability of telemedicine for controlled medication prescriptions, as well as allow adequate time for providers to come into compliance with any new standards or safeguards that DEA and/or the Substance Abuse and Mental Health Services Administration (SAMHSA) promulgate in one or more final rules later this year.

The temporary rule:

• extends the full set of telemedicine flexibilities regarding prescription of controlled medications that were in place during the COVID-19 PHE through Nov. 11, 2023, provided certain conditions are met.
• for any practitioner-patient telemedicine relationships that have been or will be established on or before Nov. 11, 2023, extends the full set of telemedicine flexibilities regarding prescription of controlled medications that were in place during the COVID-19 PHE for one year, through Nov. 11, 2024. In other words, if a patient and a practitioner have established a telemedicine relationship on or before Nov. 11, 2023, the same telemedicine flexibilities that have governed the relationship to that point are permitted until Nov. 11, 2024.

Contact: Amy Nelson, anelson@leadingageny.org, 518-867-8383 ext. 146