DEA Extends Telehealth Controlled Substance Prescribing Flexibilities Through 2024, Proposes New Rules for Post-PHE Era

Introduction

The Drug Enforcement Administration (DEA) has announced a further extension of the telehealth flexibilities for prescribing controlled substances that were initially implemented during the COVID-19 Public Health Emergency (PHE). This extension, which now runs through December 31, 2024, provides crucial continuity for healthcare providers utilizing telehealth to deliver care, particularly for patients requiring controlled medications. Concurrently, the DEA continues to work on finalizing permanent rules to govern the prescribing of controlled substances via telehealth in the post-PHE environment, addressing the requirements of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008.

Background: The Ryan Haight Act and PHE Waivers

The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 generally requires that a practitioner conduct at least one in-person medical evaluation of a patient before prescribing a controlled substance. This act was designed to combat the proliferation of