The U.S. DEA and HHS have extended telemedicine flexibilities for controlled medication prescriptions, initially granted during the COVID-19 pandemic. The extension, lasting six months until November 2023, allows virtual prescribing and promises a grace period until November 2024. The DEA received an overwhelming 38,000+ comments on proposed telemedicine rules, leading to the decision. The American Telemedicine Association praised the move, highlighting the importance of patient care continuity and urging further action to address restrictive barriers to remote care.
The U.S. Drug Enforcement Agency (DEA) and the U.S. Department of Health and Human Services (HHS) have announced the extension of telemedicine flexibilities for the prescription of certain controlled medications. These flexibilities were initially granted under the COVID-19 Public Health Emergency, which was scheduled to expire on May 11.
In a recent development, the DEA has provided further details regarding this extension. The temporary flexibilities will now be extended for six months, until November 11, 2023. Additionally, in collaboration with HHS’ Substance Abuse and Mental Health Services Administration (SAMHSA), the DEA has promised a grace period for virtual prescribing of specific controlled medications, which will last at least until November 2024.
DEA Administrator Anne Milgram acknowledged the overwhelming response from the public regarding the proposed telemedicine rules. The agency received an unprecedented number of over 38,000 comments, and in response, they have decided to extend the flexibility.
The American Telemedicine Association (ATA) has expressed its support and appreciation for the DEA and SAMHSA’s recognition of the value of telehealth and remote care. Kyle Zebley, Senior Vice President of Public Policy at the ATA and Executive Director of ATA Action, commended the agencies for their actions in temporarily extending the flexibilities for remote prescribing of clinically appropriate controlled substances. He emphasized the importance of ensuring continuity of care for patients and acknowledged the concerns expressed by numerous Americans in their comments on the earlier draft rules.
The ATA had previously outlined several arguments and provided suggestions to update the proposed rules. They aimed to maintain measures that prevent the diversion of controlled substances while ensuring patients have continued access to necessary treatments. In two letters addressed to the federal agencies, the ATA urged them to consider these recommendations.
Zebley emphasized that the recent actions taken by the DEA and SAMHSA are particularly significant as they cover access to clinically appropriate prescriptions of controlled substances needed for various medical conditions, including mental health and substance use disorders. He expressed hope that during the extension period, the federal agencies would address any unnecessarily restrictive barriers to equitable and appropriate clinical care, such as mandating in-person visits.
The extension of telemedicine flexibilities is a positive step toward expanding access to healthcare services, particularly for individuals who may face challenges visiting healthcare facilities in person. The recognition of telehealth’s value by these government agencies reflects a growing understanding of its potential to improve patient outcomes and healthcare delivery.
