This week, the Drug Enforcement Administration (“DEA”), together with the Substance Abuse and Psychological Well being Providers Administration (“SAMHSA”), issued a extending the telemedicine waivers of the Ryan Haight Act (“RHA”) promulgated throughout the COVID-19 Public Well being Emergency (“PHE”). That is notable as entry to care, together with psychological well being and substance abuse therapy, stays a vital business focus, particularly because the transition to the post-PHE has begun.

The RHA typically requires a practitioner to carry out an in-person medical analysis previous to the prescribing of managed substances by way of telemedicine. The DEA waived this requirement for an in-person medical analysis throughout the PHE, so long as sure situations have been met. Below the momentary rule, the entire telemedicine flexibilities relating to the prescription of managed substances that have been in place throughout the PHE will stay in place for an extra six months (till November 11, 2023).

Moreover, if a affected person and a practitioner have established, or will set up, a telemedicine relationship on or earlier than November 11, 2023, the entire telemedicine flexibilities relating to the prescribing of managed substances in place throughout the PHE will stay in place for an extra yr (till November 11, 2024). A practitioner and a affected person have a “telemedicine relationship” if the practitioner has not carried out an in-person medical analysis of the affected person, and has prescribed a number of managed substances to the affected person pursuant to sure telemedicine flexibilities beneath the PHE waiver or the momentary rule.

As described in a earlier , the DEA proposed a rule in March 2023 to increase some flexibilities whereas making everlasting sure situations by which a practitioner may prescribe managed substances and not using a prior in-person analysis. After a document 34,000+ feedback have been acquired in response to the proposed rule, the DEA issued this momentary rule to advertise continued entry to care, guarantee a easy transition, and provides practitioners adequate time to come back into compliance with the necessities of the ultimate rule.

Practitioners ought to fastidiously monitor for each federal and state regulation updates, as state regulation might impose completely different and probably extra stringent necessities. Our workforce will proceed to trace developments and supply updates as they come up. Practitioners with questions or searching for counsel can contact any member of our  for help.