The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have jointly issued a third emergency extension allowing health care practitioners to prescribe Schedule II-V controlled substances via audio-video telemedicine encounters without an initial in-person evaluation. This extension, effective from January 1, 2025 through December 31, 2025, also provides the DEA with additional time to finalize permanent regulations for prescribing controlled substances through telemedicine.
Unfortunately, health care providers must still evaluate whether applicable state rules require in-person evaluations. For example, Connecticut only allows prescriptions for Schedule II and III non-opioid controlled substances via telehealth for the treatment of a psychiatric disability or substance use disorder. Alternatively, in New Jersey, state law requires an in-person evaluation for any Schedule II prescription, unless the prescription is for a Schedule II stimulant for use by a minor patient and the patient’s parent or guardian has consented to waive the in-person examination requirement in writing. In New York, the proposed regulations by the New York State Department of Health (DOH) allowing Schedule III and IV controlled substances to be prescribed without an initial in-person evaluation have yet to be finalized, and Garfunkel Wild continues to monitor their progress. For more information, read our previous Alert on New York’s proposed regulations here.
Finally, it is important to note that other telehealth flexibilities implemented by the Centers for Medicare and Medicaid Services (CMS) during the COVID-19 pandemic, most significantly those flexibilities related to the location of “originating” and “distant” sites for non-behavioral health telehealth services, are set to expire on December 31, 2024. Without an extension or new legislation, the stricter telehealth requirements that were in place before the pandemic will once again apply to Medicare beneficiaries.
Should you have any questions regarding these changes, please contact the authors, the Garfunkel Wild attorney with whom you regularly work, or email us at [email protected].