The U.S. Drug Enforcement Administration (DEA) has extended telehealth flexibilities, which allow for the prescribing of controlled substances without an in-person visit, through 2025.
The flexibilities were first put in place during the COVID-19 pandemic, and allow clinicians to prescribe several behavioral health medications virtually, including medication-assisted treatment (MAT) for opioid use disorder and adderall for ADHD without conducting an in-person visit first.
This is the third time that the DEA has extended the deadline. In 2023, the agency released a new proposal that would essentially end all controlled substance prescribing via telehealth without an in-person visit. The proposal was met with industry criticism. The DEA noted that it received 38,000 comments in response to the proposed rule, and as a result extended the flexibility through 2024 “to give DEA time to consider a new path forward for telemedicine.”
Advocates say the flexibilities have allowed more individuals with substance use disorders (SUDs) to access MAT.
Industry groups and provider organizations have previously called for an extension of the flexibility. In October the American Hospital Association called for a two-year extension.
“Crucially, this will prevent harmful interruptions in the delivery of necessary patient care dependent on continued virtual prescribing of controlled substances without a prior in-person evaluation, as well as ensure adequate time for rulemaking to establish a permanent pathway,” the AHA said in letters it sent to the U.S. Department of Health & Human Services (HHS) and the DEA.
Still, these flexibilities are not without controversy. Several digital health organizations including Cerebral and Done have come under fire regarding their prescribing practices for Adderall. Both of these providers no longer prescribe controlled substances.
