Call for Comments: DEA Proposed Rules

The Drug Enforcement Agency is accepting feedback through March 31 on 2 proposed rules related to prescribing controlled medications via telehealth.

These proposed rules, which would take effect when the Public Health Emergency (PHE) ends on May 11, apply to telehealth consultations in which the practitioner has never conducted an in-person evaluation and the consultation results in the prescribing of a controlled medication.

For these consultations, the proposed rules allow the practitioner to prescribe, as long as consistent with applicable Federal and state laws, without an in-person evaluation or referral from a practitioner that has conducted an in-person evaluation:

• a 30-day supply of Schedule III-IV non-narcotic controlled medications
• a 30-day supply of buprenorphine for the treatment of opioid use disorder

An in-person evaluation would be required for the individual to receive refills beyond the 30-day prescription, unless they had an initial in-person evaluation with the referring practitioner and certain requirements were met. If the individual has been receiving prescriptions via telehealth during the PHE, the DEA would extend the in-person exam waiver for 180 days.

Here are a helpful chart and an outline of various telehealth consultation scenarios from the DEA.
Learn more and submit your comments by March 31:

Telemedicine Prescribing of Controlled Substances When the Practitioner and the Patient Have Not Had a Prior In-Person Medical Evaluation

Expansion of Induction of Buprenorphine via Telemedicine Encounter

You are also welcome to share your comments with APNA by emailing them to inform@apna.org.