The U.S. Drug Enforcement Administration (DEA) jointly with the Department of Health and Human Services (HHS) announced on Nov. 15 a third temporary extension (PDF) of COVID-19 telemedicine flexibilities for prescribing controlled substances through Dec. 31, 2025. Current flexibilities were set to expire at the end of this year. This extension allows health care practitioners to continue to establish relationships with patients involving the prescription of controlled substances via telemedicine, even if the practitioner has not had an in-person visit with the patient, for an additional year.
The extension was issued in response to the over 38,000 comments, including those from the AAMC (PDF), the DEA received on the proposed rules, Telemedicine for Prescribing Controlled Substance Proposed Rule (PDF) and Telemedicine for Prescribing Buprenorphine Proposed Rule (PDF) [refer to Washington Highlights, May 5, 2023], and presentations by invested parties at the Telemedicine Listening Sessions [refer to Washington Highlights, Aug. 18, 2023]. According to the third extension, this additional time will allow the DEA and the HHS to publish proposed and final regulations that are “consistent with public health and safety, and that also effectively mitigate the risk of possible diversion.”