DEA and SAMHSA Extend TelePrescribing Flexibilities
On May 3, 2023, the Drug Enforcement Administration (DEA), in conjunction with the Substance Abuse and Mental Health Services Administration (SAMHSA), issued a temporary rule extending the telemedicine waivers of the Ryan Haight Act (RHA) promulgated during the COVID-19 Public Health Emergency (PHE). This is notable as access to care, including mental health and substance abuse treatment, remains a crucial industry focus, especially as the transition to the post-PHE has begun.
The RHA generally requires a practitioner to perform an in-person medical evaluation prior to the prescribing of controlled substances via telemedicine. The DEA waived this requirement for an in-person medical evaluation during the PHE, as long as certain conditions were met. Under the temporary rule, all the telemedicine flexibilities regarding the prescription of controlled substances that were in place during the PHE will remain in place for an additional six months (until November 11, 2023).
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