DEA releases proposed rule for permanent telemedicine prescribing

The DEA announced on Feb. 24, two proposed rules for prescribing controlled substances via telemedicine after the COVID-19 Public Health Emergency (PHE) expires. The proposed rules – developed with HHS and in close coordination with the U.S. Department of Veterans Affairs – would discontinue the ability for telemedicine prescribing of non-narcotic controlled substances where the patient has not had an in-person exam (with the exception of an initial prescription period of no more than 30 days’ supply). Additionally, if the patient requires a Schedule II medication or a Schedule III-V narcotic medication (with the sole exception of buprenorphine for opioid use disorder treatment), an initial in-person exam is required before any prescription can be issued. The DEA has provided a summary chart of the proposed rule as well as a summary for prescribers. If finalized, it would go into effect May 11 when the PHE ends.