DEA and HHS Extend Telemedicine Flexibilities Indefinitely

DEA and HHS Extend Telemedicine Flexibilities for Remote Prescribing of Controlled Substances

The U.S. Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have issued a Fourth Temporary Extension of the COVID-19 Telemedicine Flexibilities for the Prescription of Controlled Medications. This extension allows healthcare providers to remotely prescribe Schedule II-V controlled substances indefinitely, provided that there has been at least one initial in-person medical evaluation.

“This permits the practitioner to remotely prescribe controlled substances to that patient indefinitely, regardless of how much time has passed since the initial in-person medical evaluation or whether that evaluation was for a separate medical concern, so long as such prescriptions are issued for a legitimate medical purpose while acting in the usual course of professional practice and in compliance with other relevant federal and state statutes and regulations,” the extension states.

Schedule II-V controlled medications encompass a range of substances, from those with high abuse potential, such as strong opioids and stimulants, to those with lower potential, like cough medicines containing small amounts of codeine.

Background of Telemedicine Flexibilities

The COVID-19 Telemedicine Flexibilities were first introduced in March 2020 during the public health emergency. These measures allowed telehealth providers to prescribe controlled substances without requiring a prior in-person visit. Initially, the telemedicine consultations could occur via video or audio only.

Under the Fourth Extension issued by the DEA, providers can continue to prescribe controlled substances through telemedicine. However, an initial in-person visit may still be necessary for certain Schedule II medications.

“Additionally, audio-only telemedicine encounters remain permissible for prescribing Schedule III-V narcotic controlled medications approved by the Food and Drug Administration (FDA) for maintenance and withdrawal management treatment of opioid use disorder, without requiring an in-person medical evaluation,” the DEA stated.

“Due to the impending expiration of the flexibilities provided in the Third Temporary Rule, DEA, jointly with HHS, has elected to again extend those flexibilities to maintain access to care during a limited window of time,” the extension notes.

The fourth extension is effective through December 31, 2026.

The Larger Trend

This extension underscores the importance of addressing what many refer to as the “telemedicine cliff.” This term describes the potential abrupt disruption in patient care that could occur if telehealth flexibilities expire without being made permanent.

“DEA has received numerous communications from patients, providers, and other stakeholders warning that expiration of the current telemedicine flexibilities, without further regulation, could potentially and abruptly limit patients' access to care until promulgation of a final set of regulations,” the extension reads.

“The abrupt end to the ability to prescribe controlled substances to patients who have not had an in-person medical evaluation is often referred to as the 'telemedicine cliff.' The potential harms are widespread.”

Conclusion

The indefinite extension of telemedicine flexibilities by the DEA and HHS is a significant step in ensuring continued access to care for patients requiring controlled substances.

Source: DEA, HHS Extend Telemedicine Flexibilities for Remote Prescribing of Controlled Substances - MobiHealthNews