DEA Intensifies Scrutiny on Telehealth Prescribing of Controlled Substances, Including GLP-1s

The Drug Enforcement Administration (DEA) has significantly heightened its focus on the prescribing of controlled substances via telehealth, a trend that has accelerated in the wake of the COVID-19 Public Health Emergency (PHE) flexibilities. This increased scrutiny extends to various medications, including those used for weight management like GLP-1 receptor agonists, even if they are not federally scheduled controlled substances themselves, when prescribed in conjunction with or in a practice that also handles controlled substances.

Understanding the Regulatory Landscape: The Ryan Haight Act and PHE Waivers

At the core of federal oversight for online prescribing of controlled substances is the Ryan Haight Online Pharmacy Consumer Protection Act of 2008. This act generally requires that a practitioner conduct at least one in-person medical evaluation of a patient before prescribing controlled medications. The intent is to prevent the proliferation of