The Drug Enforcement Administration, the Department of Justice, the Substance Abuse and Mental Health Services Administration, and the Department of Health and Human Services jointly released on Jan. 15 the Continuity of Care via Telemedicine for Veterans Affairs Patients final rule (PDF), effective February 18, that exempts Department of Veterans Affairs (VA) practitioners from Special Registrations requirements [refer to Washington Highlights, Jan 17].
Under this final rule, a VA practitioner who is acting within their scope of employment with the VA is permitted to prescribe controlled substances via telemedicine to a VA patient without an in-person medical evaluation if another VA practitioner has previously rendered an in-person visit with the patient. Prior to issuing a prescription via telemedicine for a schedule II-V controlled substance, the VA prescribing practitioner must review and update the patient’s VA electronic health record (EHR). The VA practitioner must also review the prescription drug monitoring program data for the state in which the VA patient is located at the time of the telemedicine visit. If either the VA EHR or the state prescription drug monitoring program data is not available, the practitioner must limit the prescription to a seven-day supply until the practitioner is able to access both records.
The policies in the final rule do not apply to contracted practitioners located outside a VA facility or clinic providing care via the community care network or conducting disability compensation evaluations.