DEA Rulemaking on Telehealth: What Congress Needs to Know

Megan Herber joins a very timely briefing for the Congressional Addiction, Treatment, and Recovery Caucus, sponsored by the American Telemedicine Association and ATA Action, about key considerations and recommendations for creating a special registration process for remote prescribing of controlled substances, and the anticipated next steps. The panel includes Kyle Zebley, senior VP of public policy at the American Telemedicine Association and executive director at ATA Action; Brian Clear, MD, chief medical officer at Bicycle Health; and Jessica Rigsby, VP of legal and compliance at Ophelia.

On October 6, 2023, the Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) announced they are extending through calendar year 2024 the remote prescription of controlled substances flexibilities that existed during the COVID-19 public health emergency. This is the second extension granted by the agencies. The first extension was set to expire on November 11.

The DEA has also signaled its consideration of a separate special registration for telemedicine prescribing for patients without requiring an in-person examination. A public comment period resulted in more than 38,000 public comments submitted to the DEA — among the highest number received on a proposed rule in DEA’s history — expressing concern over proposed regulations that would severely limit remote prescribing of medically necessary controlled substances. These events mark a broader trend by DEA to recognize telemedicine as a fundamental aspect of health care innovation and access.