On February 24, 2023, the Drug Enforcement Agency (“DEA”) announced proposed permanent rules around prescribing controlled substances via telemedicine that expand the circumstances under which practitioners can prescribe controlled substances without first conducting an in-person medical evaluation of the patient outside of the COVID-19 public health emergency (“PHE”). The proposed rules are more restrictive than the DEA emergency waivers under which providers conducted telemedicine prescribing for the last three years, but are less restrictive in comparison to the pre-PHE regulations applicable to telemedicine prescribing of controlled substances under the federal Controlled Substances Act (“CSA”).
Both the proposed rules related to telemedicine prescribing of Schedule III-V non-narcotic controlled substances, and the separate proposed rules related to telemedicine prescribing of buprenorphine, were published in the Federal Register on March 1, 2023. The public has been given until March 31, 2023 to review and provide comments regarding the proposed rules, which the DEA will consider before promulgating final regulations.
Blog Editors
Recent Updates
- The AI Doctor Is Out? How California’s AB 489 Could Limit AI Development in Healthcare
- Complex Billing and Reasonable Interpretations: Jury Was Entitled to Find Fraud in Doctor’s Upcoding of Speedy COVID-19 Tests, Fourth Circuit Says
- Governor Kotek Signs Oregon’s SB 537, Strengthening Workplace Violence Prevention in Health Care
- From Best Practices to Enforcement: Decoding DOJ’s July 29 Anti-Discrimination Guidance
- HRSA Seeks Applicants to Test 340B Rebate Model Pilot Program