The Federal Drug Enforcement Administration (“DEA”) announced that it has submitted a draft temporary rule to extend the COVID-19 PHE flexibilities around prescribing controlled substances (the “Temporary Rule”). Notably, the Temporary Rule would delay the requirement for in-person visits prior to prescribing controlled substances.
The Temporary Rule was submitted to the Office of Management and Budget during the week of April 24, 2023 following receipt of an unprecedented 38,000 comments to the DEA’s proposed telehealth rule that was published in February 2023. Among other things, the proposed telehealth rule, as originally drafted, would continue the requirement for most patients to have an in-person visit with an approved practitioner prior to an initial prescription of controlled substances. This requirement was waived during the PHE and many advocates believe that re-initiating this requirement would have a negative impact on vulnerable populations.
Further details about the Temporary Rule and any new deadlines will become publicly available after its full publication in the Federal Register.
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