Saturday, June 10, 2023

Foley & Lardner Remark Letter on DEA Telemedicine Managed Substance Proposed Rule


On March 1, 2023, the Drug Enforcement Company (DEA) formally revealed proposed regulations for prescribing managed ingredients by way of telemedicine after the COVID-19 Public Well being Emergency expires. The DEA gave the general public a 30 day window to post feedback, and then it is going to factor ultimate rules.

On February 27, 2023, lawyers from Foley & Lardner’s Telemedicine & Virtual Well being Business Workforce reviewed the improvement replica of the proposed rule and revealed a criminal guidebook for practitioners, policymakers, and telemedicine corporations on what the proposed regulations if truth be told would do. Later that week, on the American Telemedicine Affiliation (ATA) Annual Assembly, masses of stakeholders met to talk about the proposed rule.

The reaction from sufferers, clinicians, policymakers, and trade idea leaders was once swift and loud, with greater than 20,000 feedback submitted at the proposed rule (a “tsunami of grievance”). Main skilled associations, revered suppose tanks, and skilled clinicians submitted compelling and memorable remark letters explaining how the proposed rule will lead to obstacles on get admission to to care, hurt sufferers in rural and concrete spaces alike, and most probably lead to differently avoidable overdoses and deaths when sufferers are denied get admission to to their medically-important drugs. (As examples, see feedback from ATA and ATA Motion right here and right here, feedback from Brookings right here, and a New York Instances opinion piece right here.)

Lawyers from Foley & Lardner’s Telemedicine & Virtual Well being Business Workforce ready a remark letter for submission as smartly. Learn a duplicate of the feedback right here.

Make Your Voice Heard: The best way to Publish Feedback to the DEA

DEA is soliciting feedback till 11:59 p.m. on March 31, 2023. Someone would possibly post feedback – anonymously or differently – by way of digital submission at this hyperlink. When commenting, seek advice from “Docket No. DEA-407” on all correspondence, together with attachments. However, commenters would possibly post feedback through mail to:

  • Drug Enforcement Management, Attn: DEA Federal Sign in Consultant/DPW, 8701 Morrissette Pressure, Springfield, VA 22152.


The DEA proposed a fancy rule with many technical options that may deeply impact a cohort of sufferers whose medical care relies on their drugs. The DEA gave the general public most effective 30 days to remark at the proposals, and then DEA will get ready ultimate rules. Suppliers, amenities, generation corporations, skilled associations, and sufferers themselves will have to imagine filing feedback to make your voices heard. 

For more info on telemedicine, telehealth, digital care, far flung affected person tracking, virtual well being, and different well being inventions, together with the group, publications, and consultant revel in, discuss with Foley’s Telemedicine & Virtual Well being Business Workforce.


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