The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) recently issued a rule extending telemedicine prescribing flexibilities for controlled substances through Dec. 31, 2025. This extension continues pandemic-era provisions, allowing controlled substances to be prescribed via telemedicine without requiring a prior in-person visit, which is crucial for Michigan hospitals, particularly in rural and underserved communities.
The rule will:
- Extend the ability to prescribe Schedule II-V controlled substances, including medications like buprenorphine for opioid use disorder, via telemedicine.
- Allow flexibilities to apply to all practitioner-patient relationships, not just those established during the COVID-19 public health emergency.
- Serve as an effort to ensure continued access to essential healthcare, reduce requirement of in-person evaluations and provide critical medications, especially for opioid use disorder.
While the rule extends telemedicine prescribing flexibilities, certain conditions remain in place:
- The prescription must be issued for a legitimate medical purpose and within the usual course of professional practice.
- The prescription must be issued through an interactive telecommunications system, ensuring that the patient and practitioner are engaged in a real-time communication.
- The practitioner must be authorized to prescribe the controlled substance under their DEA registration or be exempt from the need for a registration.
- The prescription must comply with all relevant legal and regulatory requirements for controlled substances.
This extension provides the DEA and HHS more time to continue reviewing and evaluating telemedicine and controlled substance policies. The MHA submitted a comment letter advocating for expanded access to telehealth and will remain actively involved in these efforts throughout 2025.
Members with questions may contact Kelsey Ostergren at the MHA.