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DEA and HHS Extend Virtual Prescribing for Controlled Substances

Temporary Extension of COVID-19 Telemedicine Flexibilities

Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications

The U.S. Drug Enforcement Agency (DEA) and Health and Human Services (HHS) announced the Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications, preventing some patients from losing access to their telehealth-prescribed medications.

Why it Matters

With an end-of-year deadline looming, and Congress and telehealth industry groups urging DEA and HHS to jointly extend prescribing flexibilities allowed under the original COVID-19 public health emergency, the agencies agreed to grant a third temporary extension through December 31, 2025. The agencies want to "ensure a smooth transition for patients and practitioners that have come to rely on the availability of telemedicine for controlled medication prescriptions."

The Larger Trend

Last year, when the COVID-19 Public Health Emergency was set to expire, the DEA extended telemedicine flexibilities around the prescription of certain controlled medications while it reviewed a deluge of comments on its proposed plans for post-PHE remote prescribing guardrails. The DEA’s initial draft rule would require affected patients to have in-person exams, and many were concerned that restrictions would result in a return to access barriers many patients experienced before the pandemic.

On the Record

"This third temporary rule will allow adequate time for providers to come into compliance with any new standards or safeguards eventually adopted in a final set of regulations," the agency said in its notice.

Conclusion

The temporary extension of COVID-19 telemedicine flexibilities will allow patients to continue receiving telehealth-prescribed medications without interruption. The DEA and HHS will continue to develop the final rule governing the virtual prescribing of controlled substances in the post-pandemic era to ensure public health and safety and mitigate drug diversion risks.

FAQs

Q: What is the purpose of the temporary extension of COVID-19 telemedicine flexibilities?
A: The temporary extension is to prevent patients from losing access to their telehealth-prescribed medications.

Q: Why did the DEA and HHS agree to grant a third temporary extension?
A: The agencies want to ensure a smooth transition for patients and practitioners that have come to rely on the availability of telemedicine for controlled medication prescriptions.

Q: What is the next step for the DEA and HHS in developing the final rule governing the virtual prescribing of controlled substances?
A: The agencies will continue to develop the final rule, carefully considering the input received and working to promulgate a final set of telemedicine regulations.

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