Just ahead of their scheduled expiration, the Drug Enforcement Administration extended telemedicine remote prescribing flexibilities for an additional year, a move welcomed by many telehealth advocates.
Flexibilities that allowed for the prescribing of controlled substances via telehealth without an in-person exam were put in place during the Covid-19 pandemic to expand access to care. They were set to expire at the end of 2025, but now they’re extended through December 31, 2026. This is the fourth time these flexibilities have been extended.
In the Federal Register, the DEA stated that the extension is to prevent patients from abruptly losing access to care, as the expiration of the flexibilities would force a return to pre-pandemic restrictions. It will also provide time for the DEA to establish a final set of regulations, ensure a smooth transition for patients and providers and provide adequate time for providers to come into compliance.
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ATA Action, the advocacy arm of the American Telemedicine Association (ATA), stated that the organization is grateful for the extension.
“This one-year extension is a major relief for patients and healthcare providers, restoring certainty and avoiding treatment gaps for millions of Americans. … The remote prescribing of controlled substances waiver – originally put in place during President Trump’s first term in office and extended under his leadership during his current term in the White House – has proven to be a lifeline for patients by expanding access to care, reducing treatment delays, and improving outcomes. This critically important waiver must be preserved continuously until a permanent policy is enacted,” said Alexis Apple, deputy executive director of ATA Action and vice president of federal affairs at the ATA, in a statement.
In particular, the ATA is in favor of a special registration process that would allow a clinician to register in order to virtually prescribe controlled substances.
“We continue to support a permanent Special Registration framework that enables responsible patient care and equips the DEA with appropriate tools to prevent misuse,” Apple said. “We also encourage the DEA to seek provider feedback when developing safeguards to reduce diversion, improve access to essential prescriptions for mental health, substance use disorder, and other chronic conditions, and prioritize patient safety. ATA Action believes clinical decisions should remain the judgment of qualified medical professionals, supported by regulatory frameworks that protect patients and promote responsible care.”
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The Alliance for Connected Care, another telehealth advocate, also applauded the extension and called for a permanent solution.
“We applaud DEA for acting to continue access to care for the millions of patients who depend on telehealth for essential medications. However, this should be the last time these Americans come within days of losing access to treatments they need. We call on DEA to engage stakeholders and develop a permanent framework to ensure safe access to prescriptions through telehealth,” said Chris Adamec, executive director of the Alliance for Connected Care, in a statement.
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