The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have once again delayed the implementation of a final rule that would expand telehealth prescriptions of buprenorphine, a drug used to treat opioid use disorder. This rule would allow DEA-registered clinicians to prescribe up to a six-month supply of buprenorphine via telehealth without an in-person visit with the patient. The enforcement of this rule has been pushed back to December 31st, giving the agencies more time to review any potential issues that may arise.
In addition to the buprenorphine rule, another regulation allowing providers at the Department of Veterans Affairs to prescribe controlled substances without an in-person evaluation has also been delayed. These regulations, finalized in January, were initially scheduled to take effect on February 18th but were postponed to comply with an executive order freezing regulatory work pending review.
The COVID-19 pandemic has brought about temporary exceptions to laws requiring in-person visits before prescribing controlled substances, in order to maintain access to care. These flexibilities were set to expire in 2023 but have been extended multiple times, most recently through 2025. The DEA has also proposed a regulation to create a process for prescribing controlled substances via telehealth, with added restrictions on the number of prescriptions that can be offered.
While these regulations aim to balance access to care with preventing improper dispensing of drugs, some telehealth advocates and providers have raised concerns about the potential burden of implementing these rules. The uncertainty surrounding telehealth policies, including recent extensions of Medicare coverage for telehealth services, has created challenges for providers and telehealth groups.
Overall, the delay in implementing these telehealth regulations highlights the ongoing efforts to navigate the evolving landscape of telehealth and ensure that patients have access to necessary care while maintaining safety and regulatory compliance. The DEA and HHS will continue to review these rules to address any potential concerns and ensure that telehealth remains a viable option for patients in need of care.
