DEA extends telehealth prescribing flexibilities: 3 notes for behavioral health providers

The Drug Enforcement Administration will extend rules allowing providers to prescribe controlled substances via telehealth through the end of 2025. 

In a news release published Nov. 15, the agency says it is "continuing to consider" feedback it received on telehealth prescribing rules and is working toward a final rule. 

During the COVID-19 pandemic, the DEA implemented several telehealth flexibilities, including allowing prescribing of controlled substances. Before the pandemic, patients were required to have at least one in-person visit with a provider before they could receive controlled substances via telehealth. 

Here are three things for behavioral health leaders to note: 

  1. Proponents of the policy argue telehealth increases access to medication-assisted treatment for opioid use disorder treatment and other mental health treatments. In September, hundreds of healthcare organizations, including the American Psychiatric Association and other mental health groups, urged the DEA to keep the policy in place.

  2. The DEA previously considered curtailing telehealth prescribing of controlled substances, according to an August Politico report. The American Hospital Association urged the agency to make telehealth flexibilities permanent, but suggested requiring providers to register to prescribe controlled substances via telehealth.

  3. Other telehealth flexibilities are in the hands of Congress. In May, the House Ways and Means Committee advanced legislation to extend some policies put in place during the COVID-19 pandemic, including provisions that would allow Medicare beneficiaries to receive telehealth behavioral care from any provider, regardless of location. Any final action on the bill is likely to take place during the lame-duck period, KFF reported earlier this year. 

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