The proposed rule by the Drug Enforcement Administration (DEA) to rollback Covid-19 era flexibilities for virtual prescribing of controlled substances is facing pushback from four major mental health companies. Talkiatry, Array Behavioral Care, Iris Telehealth, and Quartet Health took a cooperative stand and issued a letter to the DEA outlining their recommendations.MedCity News reported on this coalition of typically competing firms banding together for the greater well-being of their patients.
The DEA’s current flexibilities, allowing physicians to virtually prescribe controlled substances without an in-person visit, are set to expire in November, following a six-month extension granted by the agency. The proposed rule would impose restrictions and only allow qualified providers to prescribe specific scheduled medications via telehealth provided an in-person visit has occurred or a referral has been made by another DEA-registered provider. This proposed framework has caused concerns, particularly among tech-based corporations who primarily benefited from the relaxed prescribing rules during the pandemic.
The mental health companies have responded by urging the DEA to implement a special registration process that would broaden access to virtual prescription of controlled substances. Under this special registration process, qualified providers could prescribe certain non-narcotic medications without the need for an in-person visit or referral. Additionally, providers must assess the patient every 90 days to continue prescribing controlled substances virtually and scheduled medications must be used for mental health purposes only. Further safety measures would include data reporting requirements from the provider and Rx volume limits, with certain exceptions.
The DEA had previously voiced plans to put into effect a special registration process back in 2009, but has yet to follow through. There is an optimism among the four mental health firms that the DEA will consider their proposal seriously, given the agency’s extension of the Covid-19 flexibilities after receiving an overwhelming 38,000 comments on the proposed rule. The failure to instate a special registration process however, would impact patients the most; as asserted by Robert Krayn, CEO of Talkiatry.