Lexology January 18, 2025
On January 17, 2025, the U.S. Drug Enforcement Administration (DEA) issued a Notice of Proposed Rulemaking (Notice) to allow for remote prescription of certain controlled substances within the telemedicine exception provided by the Ryan Haight Act (Act). The Act generally prohibits prescribing drugs without at least one “in-person medical evaluation” with a healthcare provider, but it excepts from this requirement providers “engaged in the practice of telemedicine.” During the COVID-19 public health emergency, DEA used this telemedicine exception to allow providers to tele-prescribe Schedule II-V controlled substances, implementing temporary flexibilities to that effect via a March 25, 2020, letter and a March 31, 2020, letter. DEA, the Department of Health and Human Services and the Substance Abuse and Mental Health...
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