Lexology September 8, 2023
Riker Danzig LLP

DEA Finalizes Rules on Electronic CDS Prescriptions and Seeks Public Input on Telemedicine

The United States Drug Enforcement Agency (“DEA”) recently published a final rule amending its regulations regarding the transfer of electronic prescriptions for schedules II–V controlled substances between registered retail pharmacies. Additionally, the DEA has announced a listening session for public input on controlled dangerous substance (“CDS”) prescribing in telemedicine encounters.

The final rule (88 FR 48365) supplements the DEA’s March 31, 2010 interim final rule (“IFR”) regarding electronic prescribing of CDS. Specifically, this final rule amends DEA regulations to explicitly state that an electronic prescription for schedule II–V CDS may be transferred between retail pharmacies upon request from the patient. However, the transfer may only be made...

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