Foley & Lardner Remark Letter on DEA Telemedicine Managed Substance Proposed Rule

On March 1, 2023, the Drug Enforcement Company (DEA) formally revealed for prescribing managed substances through telemedicine after the COVID-19 Public Well being Emergency expires. The DEA gave the general public a 30 day window to submit feedback, after which it’ll challenge last laws.

On February 27, 2023, attorneys from Foley & Lardner’s Telemedicine & Digital Well being Trade Workforce reviewed the advance copy of the proposed rule and revealed a  for practitioners, policymakers, and telemedicine corporations on what the proposed guidelines truly would do. Later that week, on the American Telemedicine Affiliation (ATA) Annual Assembly, lots of of stakeholders met to debate the proposed rule.

The response from sufferers, clinicians, policymakers, and trade thought leaders was swift and loud, with greater than 20,000 feedback submitted on the proposed rule (a “”). Main skilled associations, revered suppose tanks, and skilled clinicians submitted compelling and noteworthy remark letters explaining how the proposed rule will lead to limitations on entry to care, hurt sufferers in rural and concrete areas alike, and sure lead to in any other case avoidable overdoses and deaths when sufferers are denied entry to their medically-important medicines. (As examples, see feedback from ATA and ATA Motion and , feedback from Brookings , and a New York Occasions opinion piece .)

Attorneys from Foley & Lardner’s Telemedicine & Digital Well being Trade Workforce ready a remark letter for submission as effectively. Learn a duplicate of the feedback .

Make Your Voice Heard: How you can Submit Feedback to the DEA

DEA is soliciting feedback till 11:59 p.m. on March 31, 2023. Anybody might submit feedback – anonymously or in any other case – through digital submission at . When commenting, check with “Docket No. DEA-407” on all correspondence, together with attachments. Alternatively, commenters might submit feedback by mail to:

  • Drug Enforcement Administration, Attn: DEA Federal Register Consultant/DPW, 8701 Morrissette Drive, Springfield, VA 22152.


The DEA proposed a posh rule with many technical options that may deeply have an effect on a cohort of sufferers whose scientific care relies upon their medicines. The DEA gave the general public solely 30 days to touch upon the proposals, after which DEA will put together last laws. Suppliers, services, know-how corporations, skilled associations, and sufferers themselves should think about submitting feedback to make your voices heard. 

For extra info on telemedicine, telehealth, digital care, distant affected person monitoring, digital well being, and different well being improvements, together with the group, publications, and consultant expertise, go to Foley’s .

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