(March 3, 2023) – On Feb. 24, the Drug Enforcement Administration announced proposed permanent rules for the prescribing of controlled medications via telemedicine, and expanding patient access to certain therapies beyond the scheduled end of the COVID-19 public health emergency. There is a 30-day comment period on the proposed rules. The proposed rules would implement safeguards for telemedicine consultations by a medical practitioner who has never conducted an in-person evaluation of a patient AND that result in the prescribing of a controlled medication. For these types of consultations, the proposed telemedicine rules would allow medical practitioners to prescribe a 30-day supply of Schedule III-V non-narcotic controlled medications or a 30-day supply of buprenorphine for the treatment of opioid use disorder without an in-person evaluation or referral from a medical practitioner who has conducted an in-person evaluation, as long as the prescription is otherwise consistent with any applicable federal and state laws. The proposed rules are explained in further detail for patients and medical practitioners on DEA.gov. The full text of the proposals may be found here.
The proposed rules do not affect telemedicine consultations that do not involve the prescribing of controlled medications or telemedicine consultations by a medical practitioner who has previously conducted an in-person medical examination of a patient.
--Karen Braman