The Drug Enforcement Administration and the Department of Health and Human Services announced that the effective date of their telemedicine final rules is March 21, around a month later than the original Feb. 18. The delay of enforcement is due to the Jan. 20 "Regulatory Freeze Pending Review."
On Jan. 17, DEA and HHS published two final rules titled "Expansion of Buprenorphine Treatment via Telemedicine Encounter" (90 FR 6504) and "Continuity of Care via Telemedicine for Veterans Affairs Patients" (90 FR 6523). These rules, respectively, amended their regulations to expand the circumstances under which:
1. Practitioners registered by DEA are authorized to prescribe schedule III-V controlled substances approved by the Food and Drug Administration for the treatment of opioid use disorder via a telemedicine encounter, including an audio-only telemedicine encounter, and;
2. Department of Veterans Affairs practitioners acting within the scope of their Veterans Affairs employment are authorized to prescribe schedule II-V controlled substances via telemedicine to a VA patient with whom they have not conducted an in-person medical evaluation, if another VA practitioner has previously conducted an in-person medical evaluation of the VA patient, subject to certain conditions.
These new effective dates will not delay or limit the ability of practitioners covered by these two rules to prescribe via telemedicine, because the "Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications," in effect since May 10, 2023, permits practitioners to prescribe via telemedicine through Dec. 31, 2025.
NCPA continues to advocate for pharmacists’ right to order and dispense buprenorphine in telemedicine, and medications for opioid use disorder generally.
