Last week, the DEA introduced three new proposed rules aimed at making certain telemedicine flexibilities permanent while adding new patient protections. These rules follow the temporary exceptions to the Ryan Haight Act that were established during the COVID-19 public health emergency.
Key Updates:
- Covid-19 Ryan Haight Act Protocols Extended: Current telemedicine prescribing exceptions remain in effect through December 31, 2025.
- Special Registrations Proposed: New categories of Special Registration would allow practitioners to prescribe Schedule III-V controlled substances and, under specific conditions, Schedule II substances via telemedicine.
These include:
- Telemedicine Prescribing Registration for practitioners treating patients with difficulties accessing in-person care.
- Advanced Telemedicine Prescribing Registration for specialized practitioners such as psychiatrists, hospice care physicians, and pediatricians.
- Telemedicine Platform Registration for online platforms connecting patients with prescribing clinicians.
If finalized, these rules will require practitioners to review Prescription Drug Monitoring Program (PDMP) data before prescribing controlled substances via telemedicine. Additionally, audio-only visits will be permitted for certain conditions, such as treating opioid use disorder, if the patient cannot use video technology.
Although this has not yet taken effect, the proposed rule is open for public comment until March 18, 2025.
