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DEA’s draft special telehealth reg rule should be tossed

Advocacy Groups Urge Attorney General to Reconsider Telemedicine Policy

More than 150 organizations have appealed to Pam Bondi, the attorney general of the United States, to bring attention to telemedicine policy under the Department of Justice’s jurisdiction.

The Letter

The letter – organized by the Alliance for Connected Care and signed by Intermountain Health, Ascension, and other health systems, along with numerous clinical and technology associations – urges Bondi to rescind the recently proposed Drug Enforcement Agency framework for telemedicine prescribing.

Why It Matters

Citing Bondi’s former work on the President’s Commission on Combating Drug Addiction and the Opioid Crisis during the first Trump administration, the signers of Thursday’s letter asked her to act before temporary virtual prescribing flexibilities for controlled substances expire at the end of the year.

The Signers

Signers also included the American Healthcare Association, American Association of Nurse Practitioners, and several other member organizations. They were also joined by the National Council for Mental Wellbeing, academic institutions such as John Hopkins University, the Small Business & Entrepreneurship Council, the Consumer Technology Association, and many others.

The Concerns

The letter states that safe access to controlled substances through telemedicine was called for in the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act. DEA’s recently proposed special telehealth registration for prescribers does not follow the SUPPORT Act’s intent, "given that it proposes arbitrary and burdensome restrictions on access to telemedicine," they said.

The Larger Trend

DEA said in its Jan. 17 NOPR that it intends to offer telehealth providers three types of special registration to permit medically necessary controlled substances without an in-person visit and keep compliance with the Ryan Haight Online Pharmacy Consumer Protection Act.

The Alliance’s Response

The Alliance was quick to respond with concern over the proposed rulemaking language "mandating what portion of patient care can be offered through telemedicine" before appealing to the federal AG.

Conclusion

The signatories hope that Bondi will act to rescind the proposed framework and work with Congress and stakeholders to advance a safe and permanent pathway for patients and practitioners.

FAQs

Q: What is the issue with the proposed framework?
A: The proposed framework does not follow the intent of the SUPPORT Act and proposes arbitrary and burdensome restrictions on access to telemedicine.

Q: Who signed the letter?
A: More than 150 organizations, including Intermountain Health, Ascension, American Healthcare Association, American Association of Nurse Practitioners, and many others.

Q: What is the goal of the letter?
A: The goal is to urge Attorney General Pam Bondi to rescind the proposed framework and work with Congress and stakeholders to advance a safe and permanent pathway for patients and practitioners.

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