DEA Releases Long-Awaited Telehealth Special Registration Proposal, but Adoption Is Uncertain

Lexology January 17, 2025
McDermott Will & Emery

On January 15, 2025, the US Drug Enforcement Administration (DEA) released a proposed rule entitled Special Registrations for Telemedicine and Limited State Telemedicine Registrations. This proposed rule would establish three special registrations, creating pathways for telehealth practitioners to prescribe, and online platforms to dispense, certain controlled substances via telemedicine after flexibilities expire on December 31, 2025. However, it is unclear whether the incoming Trump administration will move forward with the proposed approach for special registration.

In Depth

WHY IT MATTERS

• Current federal telehealth-focused controlled substance prescribing flexibilities, initially invoked in response to the COVID-19 public health emergency (PHE), will expire December 31, 2025.
• Absent the flexibilities, current law would require telemedicine providers to perform an in-person medical evaluation of...

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