Here are the details:

DEA's Second Temporary Rule on COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications

• Overview:

  • On October 6, 2023, DEA announced a second temporary rule extending COVID-19 telemedicine flexibilities.

  • Without this extension, the flexibilities would expire on November 11, 2023 for newly established practitioner-patient relationships.

  • Flexibilities initially introduced in March 2020 are now extended until December 31, 2024.

• Key Provisions:

  1. Scope of DEA waivers under this rule:

     • Extends the "full set" of telemedicine flexibilities for prescription of controlled medications.

     • Refers to two DEA letters from March 2020, detailing:

       • Waivers on DEA registrations in individual states.

       • Waivers on in-person evaluation requirements for online prescriptions.

       • Flexibility to prescribe buprenorphine to patients with opioid use disorder via telephone without an in-person exam.

     • Foley confirmed with DEA's Scott Brinks that the single-state DEA registration policy from the March 25, 2020 letter is extended.

  2. Time Period of the Second Temporary Rule:

     • Flexibilities extended through December 31, 2024.

     • Removed distinction between new and previously seen patients in the initial extension. All DEA-registered practitioners can now prescribe schedule II-V controlled medications via telemedicine through the end of 2024.

  3. Future DEA Rulemaking:

     • DEA plans to introduce new standards by the Fall of 2024.

     • Indicates a possible need for a third extension before new rules come into effect.

• Conclusion:

  • Extension benefits telemedicine companies, allowing them to plan until the end of 2024.

  • It's uncertain what the DEA's 2024 proposal will entail regarding special telemedicine registration.

  • Ongoing monitoring is recommended for further updates.

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