Advocates applaud DEA for being open to relaxing virtual prescribing rules

Telemedicine advocates are applauding the Drug Enforcement Administration (DEA) for being open to relaxing its rules on allowing controlled substances to be prescribed via telemedicine.

The DEA said in a notice Friday that it is open to creating a special registration process that would allow providers to prescribe certain controlled substances for patients without requiring the patient to ever have an in-person medical evaluation.

The agency will hold a listening session next month to allow the public to weigh in on the issue. In-person attendance requests will be granted via a lottery, and the agency said it will "exercise its discretion" in selecting presenters "to select a cross-section of persons and organizations."

Stakeholder groups and lawmakers have been pressing the DEA to change its policy and said the meeting is a positive sign.

"Given the shortage of mental health providers and the increased need for access to prescribers through telehealth, I’m pleased that the DEA is finally looking into establishing a rule to allow specially trained prescribers to continue administering controlled substances virtually without requiring an in-person visit," Sen. Mark Warner (D-Va.) said in a statement.

Telehealth lobbying group ATA Action said it "welcomed" the announcement that the DEA would consider a special registration process, as well as the listening session. Kyle Zebley, executive vice president of ATA Action, in a statement said the group will "do everything possible to fully represent the voices of the telehealth community."

During the COVID-19 public health emergency, the DEA relaxed its restrictions on controlled substance prescriptions. Previously, patients needed at least one in-person visit, but the DEA changed the rule in order to prevent lapses in care.

Controlled substances covered by the rule include stimulant medications for attention-deficit hyperactivity disorder, anxiety medicines or medications for opioid use disorder.

In February, the agency proposed new rules rolling back those flexibilities ahead of the public health emergency declaration ending May 13. The agency said it received nearly 38,000 comments on the proposal, a record number.

"A significant majority expressed concern, with respect to at least some controlled substances, that the proposed regulations placed limitations on the supply of controlled substances that could be prescribed via telemedicine prior to an in-person medical evaluation," the department said in its Friday notice.

In May, just before the emergency expired, the DEA said it would temporarily extend the pandemic's telehealth flexibilities through Nov. 11.