Tele-Prescribing Flexibilities Prolonged Once more in Second Momentary Rule


This month, the Drug Enforcement Administration (“DEA”), together with the Substance Abuse and Psychological Well being Companies Administration (“SAMHSA”), issued a Second Momentary Rule additional extending the telemedicine waivers of the Ryan Haight Act (“RHA”) promulgated throughout the COVID-19 Public Well being Emergency (“PHE”) from November 11, 2023 till December 31, 2024. Beneath the Second Momentary Rule, practitioners might proceed to prescribe schedule II-V managed medicines through telemedicine for brand spanking new and current sufferers with out conducting a previous in-person medical analysis by 2024. 

As described in a earlier replace, the DEA proposed a rule in March 2023 to increase some flexibilities whereas making everlasting sure eventualities during which a practitioner may prescribe managed substances with out a prior in-person analysis. On Could 10, 2023, the DEA together with SAMHSA issued the First Momentary Rule which (1) prolonged the complete set of RHA waivers promulgated throughout the PHE till November 11, 2023 and (2) prolonged the telemedicine flexibilities till November 11, 2024 for patient-practitioner telemedicine relationships established on or earlier than November 11, 2023, as defined in an earlier put up. In September 2023, the DEA hosted Telemedicine Listening Classes to acquire further trade and stakeholder enter.

This Second Momentary Rule extends the present flexibilities for prescribing managed medicines through telemedicine for all practitioner-patient relationships (not simply these established on or earlier than November 11, 2023) till the top of 2024. Some issues and causes famous by the DEA for extending the telemedicine flexibilities embrace:

  • Reductions in entry to take care of sufferers who might not have a longtime practitioner-patient relationship;
  • Practitioner backlogs for offering in-person medical evaluations; and
  • Pressing public well being wants for sure managed medicines.

Sheppard Mullin will proceed to observe developments and supply updates as they come up. Suppliers with questions or in search of counsel can contact any member of our Healthcare Crew for help.


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