The Drug Enforcement Administration (DEA) just released a new regulation temporarily extending the COVID-era flexibilities for prescribing controlled substances via telemedicine. This third extension continues the “full set” of telemedicine prescribing flexibilities, referencing the two DEA letters that authorized telemedicine waivers, with a new expiration date of December 31, 2025. Practitioners may continue to: Prescribe Schedule II-V controlled substances via telemedicine without having conducted an in-person evaluation of the patient, if certain conditions are met (see the DEA’s March 31, 2020 letter).
Maintain a DEA registration in at least one state (see the DEA’s March 25, 2020 letter). Without this extension, the telemedicine flexibilities were set to expire at the end of 2024. In the new rule, the DEA acknowledged many patients and practitioners have come to depend on telemedicine for prescribing controlled substances.
Allowing these flexibilities to expire on December 31, 2024, DEA stated, would disrupt access to care, and potentially harm patients who rely on telemedicine for their medications. The potential reduction in access to care is contrary to the public interest, stated the DEA, particularly if patients are unable to obtain necessary medications. The DEA limited the extension to one year to avoid incentivizing the creation of new telemedicine companies that might misuse the flexibilities for improper prescribing practices.
The one-year extension is.
