DOJ Intensifies Enforcement Against Telehealth Controlled Substance Prescribing Violations

Introduction

The Department of Justice (DOJ) has significantly escalated its enforcement efforts against telehealth companies and individual practitioners engaged in illegal prescribing and distribution of controlled substances. This aggressive stance underscores a clear regulatory trend: while telehealth offers immense benefits, it is not exempt from the stringent requirements governing controlled substance prescribing, particularly those designed to prevent diversion and ensure patient safety. Recent enforcement actions highlight the DOJ's commitment to prosecuting individuals and entities that exploit telehealth modalities for illicit purposes, often under the guise of legitimate medical care.

The Regulatory Framework: Ryan Haight Act and Legitimate Medical Purpose

At the core of controlled substance prescribing via telehealth is the Ryan Haight Online Pharmacy Consumer Protection Act of 2008. This federal law generally requires at least one in-person medical evaluation before a controlled substance can be prescribed via the internet. The intent of the Ryan Haight Act is to prevent the proliferation of