DEA Proposes Permanent Telehealth Prescribing Rules for Controlled Substances Post-COVID-19 Public Health Emergency

Introduction

The U.S. Drug Enforcement Administration (DEA), in conjunction with the Substance Abuse and Mental Health Services Administration (SAMHSA), has issued proposed rules to establish permanent regulations for prescribing controlled substances via telehealth after the expiration of the COVID-19 Public Health Emergency (PHE) flexibilities. These proposals aim to strike a balance between expanding access to care through telehealth and preventing diversion and misuse of controlled medications. The rules outline specific conditions under which practitioners may prescribe Schedule II-V controlled substances to patients without an initial in-person medical evaluation.

Background: The Evolution of Telehealth Prescribing

Prior to the COVID-19 PHE, the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 generally required an in-person medical evaluation before a practitioner could prescribe a controlled substance. This law was enacted to combat the proliferation of