A Critical Moment for Telehealth Prescribing: DEA’s Proposed Rule Update
As the DEA’s proposed rule on telehealth prescribing of controlled substances moves through the final stages of review, stakeholders across healthcare, telemedicine, and patient advocacy are keeping a close watch. The implications of this rule could significantly impact how controlled substances are prescribed remotely, affecting providers, telemedicine platforms, and, most importantly, the patients who rely on these services.
What Has Happened So Far
In June 2024, the DEA’s proposed rule regarding telehealth prescribing of Schedule II-V drugs reached the White House’s Office of Management and Budget (OMB). The public eagerly awaits the proposal’s release to see whether the telemedicine flexibilities granted during the COVID-19 pandemic will remain or be curtailed. The DEA’s previous proposal in early 2023 was met with fierce opposition from the healthcare community. Over 38,000 public comments poured in, criticizing the stringent restrictions on remote prescribing, especially for mental health and substance use disorder treatments. Following the public backlash, the DEA withdrew the rule, held a listening session in fall 2023, and extended the telehealth prescribing flexibilities through December 2024.
Current Status: A Looming Deadline
As of late August 2024, the proposed rule remains under OMB review, with internal disagreements between the DEA, the Department of Health and Human Services (HHS), and the White House contributing to delays. It’s rumored that the new rule could introduce substantial limitations on telehealth prescribing, such as capping remote prescriptions at 50% of a provider’s total prescriptions. Furthermore, it may require providers to consult prescription drug monitoring programs (PDMPs) across all 50 states, a process that could make telemedicine prescribing practically impossible in its current form.
These potential restrictions could severely disrupt virtual-only providers and significantly limit access to care for patients who depend on telehealth for treatments such as Adderall for ADHD, buprenorphine for opioid use disorder, and ketamine for depression. This news has drawn significant concern from the telemedicine industry, mental health advocates, and other healthcare stakeholders.
Why This Matters
Telemedicine has become a lifeline for many patients, particularly those in rural areas or with limited mobility. The pandemic-era waivers allowed for broader access to critical treatments, from managing mental health conditions to chronic pain. If the new rule imposes harsh restrictions, it could dramatically reduce patient access to necessary medications, especially in communities where in-person care is not feasible or readily available.
Krista Drobac, founder of the Alliance for Connected Care, expressed disappointment with the current trajectory of the rulemaking process, saying, “It’s clear that a law enforcement agency can’t ensure access to care.” This sentiment is echoed across the telemedicine industry as leaders push for an extension of the current rules to allow time to craft a balanced solution that preserves access to care while addressing concerns about prescription misuse.
A Call to Action
With the deadline for telehealth flexibilities fast approaching, making your voice heard is more critical than ever. The DEA’s proposed rule could dramatically reshape how providers deliver care, and the window for change is closing. Telehealth has become a cornerstone of modern healthcare delivery, particularly for those most in need, and we must protect access to this vital service.
We urge the Biden Administration and Congress to intervene and extend the telehealth prescribing flexibilities for an additional two years. This extension will allow for thoughtful policymaking that balances access to care with efforts to prevent the diversion of controlled substances.
Last week, over 300 telehealth stakeholders – including practitioner groups, hospital systems, and telehealth companies — called on Congress and the Biden administration to extend DEA telemedicine flexibilities for two years as the agency works on a final special registration system rule.
See the letters below.
For further information or if you have any questions, feel free to contact us at sales@dosespot.com. If you’d like to receive updates regarding the DEA’s ruling straight to your inbox, subscribe to our blog. Together, we can protect the future of telehealth prescribing and ensure that patient care remains the top priority.
This post follows our previous updates on the DEA’s proposed rule. We’ll continue to monitor the situation and provide updates as they become available. Stay tuned for more information, including an upcoming webinar covering the rule’s final form and actionable steps for providers.
We look forward to your continued support as we advocate for fair and reasonable regulations in telehealth.
Sources
- “DEA eyeing substantial limits to telemedicine prescribing.”
- “As Lobbyists Push DEA To Ease Telehealth Rx, State Laws Pose Another Hurdle”