More than 330 healthcare organizations have signed letters urging the White House and Congress to extend telehealth prescribing flexibilities that were introduced during the COVID-19 pandemic. The organizations argue that failure to extend this policy would result in millions of Americans losing access to critically important healthcare treatments. In 2020, Congress waived a rule which required an in-person visit to establish a provider-patient relationship before prescriptions could be issued via telehealth.
The Drug Enforcement Administration (DEA) had initially planned to roll back this flexibility last year. However, after receiving more than 38,000 comments on its proposed rule, the agency extended it through the end of 2024. Providers have utilized this flexibility to prescribe controlled substances, ranging from Schedule II drugs, such as Adderall and Percocet, to Schedule III-V drugs, including Xanax and Prozac.
Recently, a possible new proposed rule from the DEA was leaked by media outlets, causing concern among telehealth advocates. The draft rule under review at the White House would eliminate the ability for providers to prescribe Schedule II drugs via telehealth without a prior in-person visit. Providers could still prescribe Schedule III-V drugs without an in-person appointment under the new rule.
The leaked rules also include a mandate that no more than fifty percent of a provider’s prescriptions be issued via telehealth and require consultations with all 50 states’ prescription drug monitoring programs before writing a prescription for new telehealth patients. Many healthcare providers claim there is no national registry that could facilitate such checks, complicating enforcement.
This week, more than 300 groups sent letters to the White House, Senate, and House, urging a rollback of these stringent proposed rules. Signatories included notable entities like Amazon, Cleveland Clinic, Mass General Brigham, Hims & Hers Health, the American College of Physicians, and the National Rural Health Association.
The coalition highlighted the ongoing challenges in accessing mental health and substance use treatment services, particularly in rural and underserved areas. They emphasized that more than half of U.S. counties lack a psychiatrist, making remote prescribing a crucial aspect of maintaining healthcare access.
The time constraint further complicates the situation, with the current waiver expiring on December 31, 2024. The groups pointed out the administrative challenges and delays the DEA may face in releasing, reviewing, and finalizing new rules within the limited time frame. Nearly 40,000 comments had been submitted last year when the DEA first attempted to draft a permanent framework for remote prescribing of controlled substances.
For more on this developing story, visit MedCity News.