Lexology July 25, 2024
Bradley Arant Boult Cummings LLP

The increase of telehealth flexibilities during the COVID-19 pandemic brought the efficacy of mental health and opioid use disorder treatments via telehealth to the forefront of the behavioral health conversation. Different approaches to telehealth-based behavioral health have reached a crescendo as the U.S. Drug Enforcement Agency (DEA) endeavors to promulgate legislation regarding online prescribing of controlled substances in the post-COVID-19 landscape.

In 2008, the DEA passed the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (RHA), an amendment to the Controlled Substances Act (CSA), which established an in-person medical evaluation requirement between a patient and a practitioner prior to prescribing a controlled substance. Under the RHA, the prescription of any controlled substance is the trigger for the in-person medical...

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