Telehealth Groups Urge DEA to Finalize Rules on Controlled Substance Prescriptions
Over 200 organizations are pressing for clear regulations before pandemic-era flexibilities expire.
Telehealth advocates are sounding the alarm. More than 200 organizations are urging the Biden administration to create clear rules for prescribing controlled substances via telehealth. The push comes as pandemic-era flexibilities, which eased these restrictions, are set to expire at the end of the year. This critical need for regulation comes with only 23 weeks remaining until these temporary measures lapse, impacting patient access to care.
- Over 200 telehealth and provider groups are calling on the DEA to finalize regulations for telehealth prescriptions of controlled substances.
- The groups sent a letter to newly confirmed DEA Administrator Terry Cole, requesting a plan by fall.
- Pandemic-era flexibilities allowing remote prescribing of controlled substances are set to expire at the end of 2025.
- Previous proposals faced criticism for being too burdensome for providers.
- Advocates emphasize the importance of virtual prescribing for patients in rural areas or those with limited access to mental health professionals.
The organizations sent a letter to Terry Cole, the new head of the Drug Enforcement Administration, asking for a finalized plan by autumn. This would ensure patients can continue to get remote prescriptions for controlled medications. The Biden administration did propose a framework before President Joe Biden left office in January. However, some industry groups found the proposal too restrictive for providers.
Stakeholder Input Crucial for Policy Crafting
Telehealth advocates stress the need for the DEA to collaborate directly with experts and stakeholders. This collaboration is vital for developing effective policies for virtual prescribing. Past attempts to regulate this area, without full stakeholder and congressional engagement, led to unintended consequences. These included significant new regulatory burdens on healthcare systems.
Policies surrounding remote prescribing of controlled substances have been in a state of flux for years. The temporary flexibilities were initially implemented during the COVID-19 pandemic. The goal was to maintain access to care. These waivers provided exceptions to a rule that typically mandated in-person appointments before a clinician could prescribe controlled substances.
Flexibilities Extended Multiple Times
The policy was originally slated to end in 2023. However, it has been extended multiple times. Most recently, regulators extended these flexibilities through 2025. Telehealth proponents argue these policies significantly improve access to care. They help individuals in rural areas or communities with shortages of mental health professionals receive necessary support remotely.
Conversely, the DEA aims to prevent improper drug dispensing. Several telehealth companies have faced fines or legal action recently. These actions stemmed from allegations of improperly boosting prescriptions or prescribing medications to patients who did not qualify.
DEA’s Proposed Framework and Industry Concerns
Regulators have initiated steps toward permanent telehealth prescribing policies. Earlier this year, the DEA put forth a proposal. This would establish special registrations. These would authorize providers and telehealth companies to prescribe drugs categorized from Schedule II to Schedule V, such as Adderall and Xanax. The proposal also included requirements for clinicians to consult state drug monitoring databases. It also outlined limitations for Schedule II prescriptions. Telehealth groups voiced concerns, noting these changes could be difficult for providers and potentially limit patient access.
Additionally, regulators finalized a rule. This rule would permit clinicians registered with the DEA to prescribe up to a six-month supply of buprenorphine. This medication treats opioid use disorder. It can be prescribed via telehealth without an initial in-person visit. However, the enforcement of this specific regulation was delayed until the end of the year.
