U.S. Drug Enforcement Agency’s Proposed Rule Raises Concerns for Telemedicine
WHY IT MATTERS
The American Telemedicine Association (ATA) and ATA Action have expressed concerns about the U.S. Drug Enforcement Agency’s (DEA) proposed rule to establish special registrations for providers and telemedicine platforms to prescribe certain schedules of controlled substances without requiring an in-person doctor’s visit. The organizations argue that the proposed rule requires "meaningful" clarification and adjustments to ensure workability and effectiveness.
Criticisms and Concerns
ATA Action highlighted nine areas of concern, including clinical, operational, and technical issues with eligibility requirements. According to Kyle Zebley, senior vice president of public policy and executive director of ATA Action, the proposed rule creates "unnecessary barriers to care."
Eligibility Requirements
Zebley emphasized the need for clarification on the methodology and data used to determine restrictive measures on prescribing controlled substances. He also expressed concerns about the potential disruption to continuity of care for patients and the lack of consideration for specialized providers, such as psychiatrists and pain management specialists, who frequently prescribe Schedule II substances.
Administrative Burdens
The telehealth organization also urged the DEA to streamline the verification process by considering a single, universal DEA number per provider. They also asked for clarification on patient identity photo verification requirements and whether verifying all five DEA numbers on each prescription is part of pharmacists’ corresponding responsibility.
THE LARGER TREND
The proposed rule is part of the DEA’s effort to expand telemedicine services, particularly for substance abuse treatment. The agency has already announced plans to exempt Veterans Affairs’ virtual care providers from participating in a federal telehealth controlled substance registry framework if the patient had a previous in-person visit.
ON THE RECORD
"The proposed rule authorizes qualified, specialized practitioners to prescribe Schedule II-V controlled substances through telemedicine by creating two distinct prescriber registration frameworks," Zebley said in the organization’s comments. "However, the proposal introduces several restrictive measures on prescribing Schedule II-V controlled substances that, while well-intentioned, may restrict access to care or interfere with ongoing treatment of many individuals."
CONCLUSION
The proposed rule is an important step towards expanding telemedicine services, but it is essential to ensure that it is workable and effective. The DEA must address the concerns raised by the American Telemedicine Association and ATA Action to ensure that patients receive the care they need.
FAQs
Q: What are the concerns raised by the American Telemedicine Association and ATA Action about the proposed rule?
A: The organizations are concerned about the eligibility requirements, methodology, and data used to determine restrictive measures on prescribing controlled substances, as well as the potential disruption to continuity of care for patients.
Q: What are the eligibility requirements for providers under the proposed rule?
A: The proposed rule requires providers to meet certain criteria, including having a valid DEA registration and being authorized to dispense controlled substances.
Q: What is the purpose of the proposed rule?
A: The proposed rule aims to expand telemedicine services, particularly for substance abuse treatment, by creating special registrations for providers and telemedicine platforms to prescribe certain schedules of controlled substances without requiring an in-person doctor’s visit.
