DEA Intensifies Scrutiny on Online Prescribing of Controlled Substances and High-Demand Medications Like GLP-1s

The Drug Enforcement Administration (DEA) has signaled a significant increase in its enforcement activities targeting the online prescribing of controlled substances, and by extension, other high-demand medications that carry a risk of diversion or misuse, such as GLP-1 agonists for weight management. This heightened focus comes as the healthcare industry navigates the expiration of COVID-19 Public Health Emergency (PHE) telehealth flexibilities and awaits the finalization of permanent rules for prescribing controlled substances via telemedicine.

Understanding the Regulatory Landscape

At the core of DEA's regulatory authority over prescribing lies the Controlled Substances Act (CSA). The CSA mandates that all prescriptions for controlled substances must be issued for a legitimate medical purpose by a practitioner acting in the usual course of professional practice. Furthermore, pharmacists have a corresponding responsibility to ensure that prescriptions are legitimate before dispensing them. These principles apply regardless of whether the prescription originates from an in-person visit or a telehealth encounter.

The Ryan Haight Online Pharmacy Consumer Protection Act

The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (21 U.S.C. § 829(e)) was enacted to combat the proliferation of