Policy Alert: Drug Enforcement Administration (DEA) Temporary Telemedicine Extension Updates
Important Dates Related to the End of the PHE
- The full set of telemedicine flexibilities regarding prescription of controlled medications as were in place during the COVID-19 PHE will remain in place through November 11, 2023.
- After November 11, 2023, the telemedicine flexibilities regarding prescription of controlled substances are not available to new provider-patient relationships established after November 11, 2023.
- For any practitioner-patient telemedicine relationships that have been or will be established on or before November 11, 2023, the full set of telemedicine flexibilities regarding prescription of controlled medications as were in place during the COVID-19 PHE will continue to be permitted via a one-year grace period through November 11, 2024. In other words, if a patient and a practitioner have established a telemedicine relationship on or before November 11, 2023, the same telemedicine flexibilities that have governed the relationship to that point are permitted until November 11, 2024.
Keep in mind these temporary extension dates are intended to give the DEA sufficient time to review 38,000 comments submitted in response to its February 2023 proposed rule that may make certain flexibilities permanent. Watch for notices of any finalized provisions through November 11, 2023 to inform on prescriptions or telemedicine practices you may provide or intend to continue following this date.
Important Dates Related to the End of the PHE Continued
- Telemedicine prescribing flexibilities available during the PHE, such as waiver of an initial in-person visit, continue through at least November 11, 2023; and for provider-patient relationships established on or before that date through November 11, 2024. Specifically:
- Script must still be used for a legitimate medical purpose
- Script must be issued pursuant to an interactive telecommunication between patient and provider — that is, audio and video equipment permitting two-way, real-time interactive communication or, for prescriptions to treat a mental health disorder – which include, but are not limited to, prescriptions for buprenorphine for opioid use disorder – a two-way, real-time audio-only communication if the distant site physician or practitioner is technically capable of using an interactive audio-video telecommunications system, but the patient is not capable of, or does not consent to, the use of video technology
Important Definition: “Provider patient relationship”, for purposes of this extension, means the practitioner issued the patient a prescription for controlled medications pursuant to the telemedicine flexibilities that were available during the COVID-19 PHE and extended through November 11, 2023.
Additional Telehealth Services Summaries Related to the End of PHE
From our partners at the Center for Connected Health Policy, visit the latest information and policy updates as the PHE comes to an end! Information includes summaries of flexibility extensions and overview of the DEA’s final regulations expectations. Check out the newsletter here or visit their website at https://www.cchpca.org/ to subscribe.
Much of this comes from a combination of info from: MGMA Government Affairs, Heartland Telehealth Resource Center (HTRC), and Center for Connected Health Policy (CCHP) all of these orgs have been extremely helpful during the pandemic for the most updated information.