Lexology February 27, 2024
Prior to the COVID-19 public health emergency (“PHE”), the federal Ryan Haight Act allowed a provider to prescribe controlled substance medications to a patient only after conducting an in-person evaluation of that patient (with limited exceptions). At the beginning of the PHE, the Drug Enforcement Agency (“DEA”) granted temporary exceptions to the in-person requirement and allowed the prescribing of controlled medications via telehealth encounters in order to prevent lapses in care.
As reported here earlier, last year, the DEA issued guidance allowing the continued use of telehealth when prescribing controlled substances following the end of the PHE. Waivers of the requirement for in-person encounters that were in place during the PHE were set to remain in effect for practitioner-patient telehealth...
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