Health Law Alert by Lamb McErlane PC attorneys Vasilios J. Kalogredis, Esq. and Sonal Parekh, Esq.

On October 10, 2023, the U.S. Drug Enforcement Administration (DEA) issued a second temporary rule extending the current telehealth flexibilities through December 31, 2024. This flexibility allows for the prescribing of controlled medications pursuant to the practice of telemedicine in instances where the prescribing practitioner has never conducted an in-person medical evaluation of the patient. While the flexibility was initially set to end when the federal COVID Public Health Emergency (PHE) expired on May 11, 2023, the DEA issued its first temporary rule which extended the telehealth flexibilities until November 11, 2023, and for a year thereafter to any practitioner-patient telemedicine relationships that were established on or before November 11, 2023.

The DEA received over 38,000 of comments on its notices of proposed rulemakings (NPRMs) related to telemedicine. In an effort to (1) continue analyzing comments and revisions, (2) ensure “a smooth transition for practitioners and patients who have come to rely on the availability of telemedicine for controlled medication prescriptions,” and (3) allow adequate time for providers to come into compliance with any new standards or safeguards promulgated by the DEA’s final rule on telemedicine, the DEA and HHS are further extending such flexibilities for new practitioner-patient relationships. This temporary rule authorizes all DEA-registered practitioners to prescribe Schedule II-V controlled medications via telemedicine through December 31, 2024, regardless of whether there was a practitioner-patient telemedicine relationship established on or before November 11, 2023.

Practitioners engaged in prescribing controlled substances via telemedicine should be aware of the telemedicine flexibilities extension dates and be on the lookout for any further rules and regulations promulgated to ensure they are in compliance with rules and regulations at all times.

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*This article is for educational purposes only and is not intended to be legal advice. Should you require legal advice on this topic or have any questions or concerns, please contact Vasilios J. (Bill) Kalogredis, Esq. or Sonal Parekh, Esq.

Vasilios J. (Bill) Kalogredis, Esq. has been advising physicians, dentists, and other healthcare professionals and their businesses as to contractual, regulatory and transactional matters for over 45 years. He is Chairman of Lamb McErlane PC’s Health Law Department. Bill can be reached by email at bkalogredis@lambmcerlane.com or by phone at 610-701-4402.

Sonal Parekh, Esq. is an associate at Lamb McErlane PC who focuses on healthcare transactional matters and a broad range of healthcare regulatory-related issues on behalf of healthcare systems, physicians, dentists, and other healthcare providers. Sonal can be reached by email at sparekh@lambmcerlane.com or by phone at 610-701-4416.