

Up to a 30-day supply of Schedule III, IV and V controlled substances or buprenorphine as medication for opioid use disorder may continue to be prescribed without an in-person evaluation, but an in-person evaluation would be required for any subsequent renewals.Consistent with the Ryan Haight Act, controlled substances “only may be prescribed for legitimate medical purposes by practitioners acting in the usual course of professional practice.”.Key Takeaways from the Proposed Rule include the following: The flexibilities in controlled substance prescribing that were invoked in January 2020 in response to the COVID-19 PHE are set to end on May 11, 2023, leaving many providers and stakeholders previously waiting to see how the DEA would proceed. Relevant here is the exception for treatment that occurs during a PHE, allowing for the prescribing of a controlled substance without the prerequisite of an in-person medical examination of the patient.

Generally, the Ryan Haight Act requires providers perform an in-person medical evaluation of a patient prior to prescribing a controlled substance unless an exception applies. Last week, the DEA published the Telemedicine Controlled Substances Proposed Rule (the “Proposed Rule”) for comment, the statutory basis for which is the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (the “Ryan Haight Act”). On February 24, 2023, the Drug Enforcement Administration (DEA) proposed rules addressing the prescribing of controlled substances via telemedicine upon the scheduled end of the COVID-19 Public Health Emergency (PHE) on May 11, 2023.
