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DEA Extends Temporary Telehealth Prescribing Rules but Long-Term Investment Needed, Expert Says
“The DEA is considering a ‘special registration’ process for telemedicine, but ultimately, we need to recognize virtual health care as intrinsic and essential to health care.”
—Steven Chan, MD, MBA, Psych Congress Network Telepsychiatry Section Editor
The US Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) jointly announced on October 6 that telehealth prescribing flexibilities will continue through December 31, 2024.
These rules, initially established during the COVID-19 pandemic to provide exception to those outlined in the Ryan Haight Act, allow continued prescribing of controlled medications via virtual practice.
“The ability to continue video visits is absolutely critical for many patients with mental health conditions and substance use disorders, but the continued expiration deadline means that this accessible form of health care will be restricted next year,” noted Steven Chan, MD, MBA, Telepsychiatry Section Editor for Psych Congress Network.
The new extension period replaces the one that was set to expire on November 11, 2023, as the DEA endeavored to create a definitive set of telemedicine regulations. After receiving more than 38,000 comments and holding 2 days of public listening sessions on the initial proposal, the DEA and HHS decided on the new extension to allow time to “carefully consider the input received” and work to “promulgate a final set of telemedicine regulations by the fall of 2024.”
While the extension preserves expanded virtual practice for now, some providers argue that it is time to render the temporary permanent. “The DEA is considering a ‘special registration’ process for telemedicine, but ultimately, we need to recognize virtual health care as intrinsic and essential to health care,” said Chan. “Thus, we need to expand on and invest in reliable virtual visits, secure telemedicine, and usable health care information technologies — instead of adding barriers to care.
“The plan to reinstate pre-COVID-19 rules will again make it harder for many patients to access the care they need. It is well-documented that there is a child psychiatrist shortage and need for addiction treatment, meaning this plan to constrict prescribing abilities may mean undertreatment and barriers to treatment for conditions like attention disorders and opioid use disorder.”
The full text of the extension, formally titled “Second Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications,” can be reviewed here.
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