A Guide To The DEA’s Telemedicine Controlled Substance Rules Post-PHE

A Must-Read White Paper for Healthcare Organizations Prescribing Controlled Substances Through Telemedicine

The DEA suspended the in-person exam requirement for controlled substances when the PHE went into effect in 2020. Providers were allowed to prescribe controlled substances via telehealth as long as the prescription was for legitimate medical purposes. The prescribing physician was also required to act in accordance with applicable federal and state laws. One of the proposed rules will discontinue the ability for physicians to prescribe controlled substances to patients via telemedicine if the patient has never had an in-person exam, with limited exceptions. The second rule would expand the situations in which providers can prescribe buprenorphine, which is used for pain and withdrawal management. The proposed rules will not apply to:

• Telemedicine consultations that do not involve the prescribing of controlled medications
• Telemedicine consultations by a medical practitioner who has already conducted an in-person patient examination

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