![]() The proposed rules would permit a telehealth provider to prescribe only up to a 30-day supplyof a Schedule III-V non-narcotic controlled substance or buprenorphine through telehealth without the patient first being evaluated in person by a provider. These limitations are more permissive than pre-pandemic DEA rules on telemedicine prescribing, but are more restrictive than the rules of the past 3 years during the COVID-19 PHE. The proposed rules would permit prescribers to use telemedicine to prescribe controlled substances only for legitimate medical purposes in the usual course of their professional practice, with some limitations. Telehealth Prescribing Under the Proposed Rules This article will provide an overview of the requirements under the proposed rules, how these rules would impact pharmacy stakeholders, and what the public-specifically, the pharmacy industry-is saying about the proposed rules. ![]() Stakeholders are concerned that, if finalized in their current form, these proposed rules would restrict access to necessary and legitimate treatment. Although these rules coincide with the end of the pandemic and would therefore create post-pandemic policy, the DEA also considers these rules to satisfy their obligation from the 2008 Ryan Haight Act to create a special registration process for telemedicine.Īlthough there are some distinctions between the two proposed rules, both would generally restrict patients from obtaining controlled substances prescriptions without first receiving an in-person medical examination. The DEA intends to finalize both rules to go into effect at the end of the COVID-19 public health emergency (PHE), which expires on May 11, 2023. The second rule applies to Schedule III narcotics, specifically buprenorphine, a controlled substance used to treat opioid use disorder (OUD). The first proposed rule applies to the prescribing of Schedule III-V non-narcotic controlled substances. On March 1, 2023, the DEA issued 2 proposed rules, which would establish restrictions on telehealth consultations by a medical practitioner who has never conducted an in-person evaluation of a patient but that results in the prescribing of a Schedule III, IV, or V controlled substance.
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