11/20/2024

Telehealth Flexibilities for Prescribing Controlled Substances Extended Through 2025

On November 15, 2024, the U.S. Drug Enforcement Administration (DEA) issued a final rule that will maintain existing flexibilities for prescribing certain controlled substances through telemedicine through December 31, 2025. The rule allows providers to prescribe controlled substances via telemedicine without first performing an in-person visit.

The flexibilities were initially provided during the COVID-19 public health emergency. Absent these flexibilities, providers would have to perform an in-person medical evaluation of a patient prior to prescribing a controlled substance (with certain limited exceptions).

The extension allows the agency time to work with stakeholders and to go through the rulemaking process to adopt permanent policy regarding the prescribing of controlled substances via telehealth. It may also allow time for providers to come into compliance with any new standards or safeguards the agency finalizes.

In February 2023, DEA proposed permanent flexibilities for prescribing controlled substances by telemedicine, but the proposal was not finalized. A new draft proposed rule regarding telemedicine prescribing of controlled substances is under review at the Office of Management and Budget. ASCO is monitoring the release of the draft proposal and will provide updates when new information is available.