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DEA considers registration to continue telehealth for patients prescribed controlled substances

Rebecca Barnabi
telehealth
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The Drug Enforcement Agency is considering creation of a special registration process to allow quality health care providers to prescribe controlled substances via telehealth.

In 2020, at the height of the COVID-19 pandemic, telehealth services allowed patients, including individuals prescribed controlled substances for certain medical conditions, to consult with physicians safely via video conference.

The end of the pandemic and public health emergency in the United States meant the end of allowing telehealth services in the prescription of controlled substances.

U.S. Sen. Mark R. Warner of Virginia has been a vocal advocate for telehealth and has previously called on the DEA to establish this process.

“Telehealth was a lifesaver for patients during the peak of the pandemic and has since opened the door to uncomplicated and reliable access to a doctor for patients who need it. Given the shortage of mental health providers and the increased need for access to prescribers through telehealth, I’m pleased that the DEA is finally looking into establishing a rule to allow specially trained prescribers to continue administering controlled substances virtually without requiring an in-person visit. This rule will be especially meaningful to patients who rely on medications that treat opioid use disorder, among many others. I encourage prescribers and patients to participate in the DEA’s public comment period and provide their input on this proposed rule.”

Congress has directed the DEA since 2008 to set up a special registration process, an exception process under the Ryan Haight Act, a law that regulates the online prescription of controlled substances. The special registration process would open the door for quality health care providers to evaluate a patient and prescribe these medications over telehealth safely, as was done during the pandemic.

Warner included a provision to expand financial coverage for virtual substance use treatment in the Opioid Crisis Response Act of 2018. In 2003, as governor of Virginia, he expanded Medicaid coverage for telemedicine statewide, including evaluation and management visits, a range of individual psychotherapies, the full range of consultations, and some clinical services, including in cardiology and obstetrics. Coverage was also expanded to include non-physician providers. Among other benefits, the telehealth expansion allowed individuals in medically underserved and remote areas of Virginia to access quality specialty care that isn’t always available at home.

The DEA will hold listening sessions in Arlington on Sept. 12 and 13, 2023 at DEA Headquarters to discuss the special registration process.

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