What You Need To Know: DEA Proposed Rule Regarding Telehealth Prescribing of Controlled Substances with the White House

Controlled Substances DEA Electronic Prescribing of Controlled Substances Telehealth

As of June 2024, a DEA proposed rule regarding telehealth prescribing of controlled substances has reached the White House for review. This review is the final step before the proposal can be released to the public.

Background on the Proposed Rule

At the start of the pandemic in 2020, the Drug Enforcement Administration (DEA) loosened restrictions on remote prescribing of Schedule II-V controlled substances for the duration of the COVID-19 public health emergency. In effect, these changes rolled back specific provisions of the Ryan Haight Online Pharmacy Consumer Protection Act that required a practitioner to establish a provider-patient relationship through an in-person assessment before being able to prescribe controlled medications to that patient. As a result of the 2020 rollback, providers were allowed to prescribe controlled medications through telemedicine without the prior in-person evaluation of the patient. Since these flexibilities were tied to the public health emergency, which was set to expire in May 2023, DEA along with the Department of Health and Human Services (HHS) in March 2023, issued rules to determine the circumstances this flexibility would be continued to be allowed.  The agency received over 38,000 comments from the public on its  rules, the majority of which were in opposition. Subsequently, DEA scrapped those rules and held a listening session in the fall to gather feedback on a special registration process. This process could allow providers to be vetted by the agency before prescribing controlled substances remotely without an in-person visit.

Since the fall, stakeholders have been waiting for DEA to issue a new proposed rule taking into consideration last year’s comments and feedback at the listening session since the waiver of the in-person requirement was extended and set to expire at the end of 2024. On June 13, 2024, that long awaited proposed rule reached the White House’s Office of Management and Budget (OMB), which reviews all significant federal regulations from federal agencies before being released for public input. OMB is supposed to review regulations within 90 days, but this standard is not strictly enforced. There is a possibility that OMB could send it back to the DEA for further revisions. We will closely monitor it and keep you updated with any developments. 

What We Know

While we await the release of the approved rule by the OMB, here’s what we know so far: 

More To Come

Once the rule is published, DoseSpot will host a webinar featuring experts who will analyze its impact and repercussions and suggest actionable next steps for you as practitioners and providers. Please stay tuned for further communications from us on this matter. We hope to provide clarity as the proposal continues to evolve.

Have questions in the meantime? We’re here to help. Reach out to us at



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