DEA Extends Telehealth Prescribing Flexibilities Until Dec. 31, 2025
The U.S. Drug Enforcement Administration (DEA) has extended the telemedicine prescribing flexibilities
that allow providers to prescribe controlled substances via telemedicine without requiring an in-person visit. These flexibilities were initially introduced during the COVID-19 public health emergency (PHE) and were set to expire on Dec. 31, 2024. The extension prolongs these flexibilities until Dec. 31, 2025.
Currently, telemedicine providers are required by law to perform an in-person medical evaluation before prescribing controlled substances, with certain exceptions. The flexibilities introduced during the PHE removed this in-person requirement, allowing for telemedicine prescriptions without an initial in-person visit. The DEA's extension of these flexibilities will provide the agency with time to draft and finalize regulations on telemedicine prescribing and will allow health care providers time to comply with any new standards or safeguards that may emerge from these regulations. The extension will also allow more time for stakeholders to engage with policymakers to discuss any potential regulations before they are finalized.
The DEA previously proposed rules for telemedicine prescribing in February 2023, but these rules generated significant public feedback—over 38,000 comments—and were ultimately not adopted. A new draft rule was submitted for review in June 2024, but the draft rule imposed substantial barriers to telemedicine prescribing, including requiring that at least half of a provider’s controlled substance prescriptions be made in person. The proposed barriers caused substantial opposition from various stakeholders, resulting in the current third extension of the telemedicine prescribing flexibilities.