NCPA submitted comments to the DEA on its proposed rule on telemedicine, controlled substances and buprenorphine. The proposed rule would provide safeguards for a narrow subset of telemedicine consultations – those telemedicine consultations by a medical practitioner that has: 1) never conducted an in-person evaluation of a patient; AND 2) that result in the prescribing of a controlled medication. For these types of consultations, the proposed telemedicine rules would allow medical practitioners to prescribe: 1) a 30-day supply of Schedule III-V non-narcotic controlled medications; and 2) a 30-day supply of buprenorphine for the treatment of opioid use disorder without an in-person evaluation or referral from a medical practitioner who has conducted an in-person evaluation, as long as the prescription is otherwise consistent with any applicable federal and state laws.
NCPA requested that DEA remove the provisions of the proposed rule that apply to buprenorphine. NCPA supported DEA and HHS using the opioid PHE to preserve access to buprenorphine, and to remove the in-person requirement for use of buprenorphine in this proposed rule. NCPA also supported long-term care residents and hospice patients being carved out of the 30-day supply proposal. NCPA recommended that pharmacists be allowed to be referring providers for purposes of this proposed rule. NCPA also asked that DEA advise CMS to formally recognize pharmacists as providers eligible to furnish those opioid abuse reduction services in their scope of practice and claim reimbursement under Medicare Part B.
