On March 1, 2023, the Drug Enforcement Administration (DEA) issued notices of proposed rulemakings (NPRM) to allow for prescribing of certain controlled medications via telemedicine without an in-person medical evaluation of the patient which would have impacted the ability to prescribe certain controlled substances without an in-person visit. On May 9,2023, the DEA and SAMHSA issued the “Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications” —a temporary rule that extends the telemedicine flexibilities adopted during the COVID-19 PHE.
The temporary rule went into effect on May 11, 2023, and extended the full set of telemedicine flexibilities adopted during the COVID-19 PHE for six months—through November 11, 2023.
For any practitioner-patient telemedicine relationships that have been or will be established up to November 11, 2023, the full set of telemedicine flexibilities regarding prescription of controlled medications established during the COVID-19 PHE will be extended for one-year—through November 11, 2024.
What this means: Any clients where their practitioner-patient relationship is established on OR after November 11, 2023, will be required to be seen and evaluated in-person by the practitioner BEFORE a controlled substance (LIST?) is permitted to be prescribed. Once the relationship has been established in-person, the practitioner may prescribe controlled substances to the client via telehealth until the expiration of this waiver on November 11, 2024. If a practitioner-patient relationship was established BEFORE November 11, 2023, the practitioner may prescribe controlled substances to the client via telehealth until the expiration of this waiver on November 11, 2024.