Extension of Waivers for Prescribing Controlled Substances Through Telemedicine

The Drug Enforcement Administration (DEA) and U.S. Department of Health and Human Services (HHS) have published a rule to extend the current waiver flexibilities for prescribing controlled substances via telemedicine through December 31, 2025.

Specifically, the federal rule:

• Allows for the prescribing of schedule II-V controlled substances (including schedule III-V medications approved by the Food and Drug Administration for treatment of opioid use disorder) via audio-video telemedicine without a prior in-person medical evaluation
• Applies these flexibilities to all practitioner-patient relationships, not just those established during the COVID-19 public health emergency

As with the current federal rule flexibility, prescribers must continue to adhere to any relevant Connecticut-specific laws.  In Connecticut, prescriptions for schedule II and III non-opioid controlled substances via telehealth are only allowed for the treatment of a psychiatric disability or substance use disorder.

The temporary rule extension continues to permit DEA-registered practitioners to prescribe schedule II-V controlled substances via telemedicine without a prior in-person exam so long as certain conditions are met, including the following:

• The prescription must be issued for a legitimate medical purpose by a practitioner acting in the usual course of professional practice
• The prescription must be issued pursuant to a communication between a practitioner and a patient using an interactive telecommunications system
• The practitioner must be authorized under their registration to prescribe the basic class of controlled substance specified on the prescription or exempt from obtaining a registration to dispense controlled substances
• The prescription must be consistent with all other legal and regulatory requirements

On Tuesday, November 12, the Connecticut Hospital Association (CHA) met with key healthcare staff members of Connecticut’s congressional delegation to discuss priorities during the lame-duck session of Congress, including the need for an extension of telehealth flexibilities like those in the DEA rule.

More information on the rule can be found here.