Effective February 18, 2025, Important Update for Telemedicine Prescribing Regulations
On January 17, 2025, the Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) issued a final rule titled "Expansion of Buprenorphine Treatment via Telemedicine Encounter."
This regulation permits DEA-registered prescribers to prescribe Schedule III-V controlled substances, specifically those approved by the Food and Drug Administration (FDA) for treating opioid use disorder (OUD), through telemedicine encounters, including audio-only interactions.
Key provisions of the rule include:
- Initial Prescription Limit: Extends the initial prescription supply from 30 days to six months for telemedicine encounters, including audio-only
- Prescription Drug Monitoring Program (PDMP) Review: Before prescribing, practitioners must review the PDMP data of the state where the patient is located during the telemedicine encounter.
- Subsequent Prescriptions: Further prescriptions can be issued following an in-person medical evaluation or through other telemedicine methods authorized under the Controlled Substances Act (CSA).
- Pharmacist Verification: Pharmacists are required to verify the identity of the patient before dispensing the prescribed medication.
This rule falls under an exception in the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, which generally mandates an in-person medical evaluation prior to prescribing controlled substances. The new regulation aims to prevent interruptions in care by maintaining certain telemedicine flexibilities for patients seeking OUD treatment.
The final rule does not apply to practitioner-patient relationships where there has already been a prior in-person medical evaluation of the patient by the prescribing practitioner.
For more information see: Federal Register :: Public Inspection: Expansion of Buprenorphine Treatment via Telemedicine Encounter
