Lexology November 26, 2024
Day Pitney LLP

Background

On November 19, the Department of Health and Human Services (HHS) and the Drug Enforcement Administration (DEA) jointly finalized their highly anticipated temporary extension of the COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medication (the Temporary Rule (this link opens in a new window) ). This is the third extension of the Temporary Rule, that was originally introduced during the 2020 COVID-19 pandemic, highlighting another delay by HHS and the DEA in finalizing a permanent telemedicine policy.

Under the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, a prescribing practitioner is required to conduct an in-person evaluation prior to prescribing a controlled substance to any patient. In response to COVID-19, the DEA granted temporary exceptions to the Ryan...

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