This month, the Drug Enforcement Administration (“DEA”), together with the Substance Abuse and Psychological Well being Providers Administration (“SAMHSA”), issued a Second Non permanent Rule additional extending the telemedicine waivers of the Ryan Haight Act (“RHA”) promulgated through the COVID-19 Public Well being Emergency (“PHE”) from November 11, 2023 till December 31, 2024. Beneath the Second Non permanent Rule, practitioners might proceed to prescribe schedule II-V managed drugs by way of telemedicine for brand new and current sufferers with out conducting a previous in-person medical analysis by way of 2024.
As described in a earlier replace, the DEA proposed a rule in March 2023 to increase some flexibilities whereas making everlasting sure situations during which a practitioner might prescribe managed substances and not using a prior in-person analysis. On Could 10, 2023, the DEA together with SAMHSA issued the First Non permanent Rule which (1) prolonged the complete set of RHA waivers promulgated through the PHE till November 11, 2023 and (2) prolonged the telemedicine flexibilities till November 11, 2024 for patient-practitioner telemedicine relationships established on or earlier than November 11, 2023, as defined in an earlier put up. In September 2023, the DEA hosted Telemedicine Listening Periods to acquire extra trade and stakeholder enter.
This Second Non permanent Rule extends the present flexibilities for prescribing managed drugs by way of telemedicine for all practitioner-patient relationships (not simply these established on or earlier than November 11, 2023) till the top of 2024. Some considerations and causes famous by the DEA for extending the telemedicine flexibilities embody:
- Reductions in entry to take care of sufferers who might not have a longtime practitioner-patient relationship;
- Practitioner backlogs for offering in-person medical evaluations; and
- Pressing public well being wants for sure managed drugs.
Sheppard Mullin will proceed to observe developments and supply updates as they come up. Suppliers with questions or looking for counsel can contact any member of our Healthcare Group for help.
