The HHS and DEA introduced new rules to expand telemedicine prescribing of controlled substances, including a final rule allowing practitioners to prescribe up to a six-month supply of certain medications for opioid use disorder by audio-only telemedicine.
What happened
On January 15, 2025, the Department of Health and Human Services (HHS) and the Drug Enforcement Administration (DEA) announced a series of regulatory updates to expand telemedicine prescribing of controlled substances. Among these updates, the DEA published a final rule permitting practitioners to prescribe up to six months' initial supply of Schedule III-V medications for opioid use disorder (OUD) via audio-only telemedicine interactions. This can occur without requiring a prior in-person evaluation. Following the six months, additional prescriptions can be issued through real-time, two-way audio-visual telemedicine encounters, or after an in-person evaluation.
The final rule also requires that providers review the Prescription Drug Monitoring Program (PDMP) for the state where the patient is located. The DEA proposed a special registration rule, which outlines three types of registration waivers to bypass in-person visit requirements for telemedicine prescribing and a state registration requirement for each state where the provider treats patients. Providers must apply for these registrations, and the DEA proposes a three-year review of nationwide PDMPs. Public comments for the proposed rule are due by March 15, 2025.
Related: Telehealth vs. telemedicine: How is it different?
What was said
According to the American Hospital Association, “The agency finalized a stipulation that providers will need to complete a review of the PDMP for the state where the patient is located. Requirements for the special registration proposed rule would not apply to clinicians prescribing buprenorphine for OUD.”
Why it matters
The proposed rule provides flexibility that facilitates timely intervention in telemedicine services in a way that aligns with the growing use of telemedicine services. For healthcare organizations, these changes are necessary for the adaptation of practices to comply with new regulations while ensuring that they remain equipped to manage the complexities associated with prescribing controlled substances. The requirement for providers to review nationwide prescription drug monitoring programs every three years reinforces the responsibility of healthcare organizations to maintain secure systems.
Related: HIPAA Compliant Email: The Definitive Guide
FAQs
What types of conditions can be treated via telemedicine?
Telemedicine is suitable for various conditions, including minor injuries, chronic disease management (like asthma or diabetes), mental health consultations, and follow-up visits.
Can medications be prescribed during a telemedicine visit?
Yes.
What is a third-party vendor in telemedicine?
A third-party vendor in telemedicine refers to external organizations or service providers that assist healthcare providers in delivering telehealth services.
Kirsten Peremore
