This month, the Drug Enforcement Management (“DEA”), along side the Substance Abuse and Psychological Well being Services and products Management (“SAMHSA”), issued a 2d Transient Rule additional extending the telemedicine waivers of the Ryan Haight Act (“RHA”) promulgated right through the COVID-19 Public Well being Emergency (“PHE”) from November 11, 2023 till December 31, 2024. Below the 2d Transient Rule, practitioners would possibly proceed to prescribe agenda II-V managed medicines by means of telemedicine for brand new and current sufferers with out accomplishing a previous in-person scientific analysis thru 2024.
As described in a prior replace, the DEA proposed a rule in March 2023 to increase some flexibilities whilst making everlasting sure eventualities during which a practitioner may just prescribe managed elements and not using a prior in-person analysis. On Would possibly 10, 2023, the DEA along side SAMHSA issued the First Transient Rule which (1) prolonged the whole set of RHA waivers promulgated right through the PHE till November 11, 2023 and (2) prolonged the telemedicine flexibilities till November 11, 2024 for patient-practitioner telemedicine relationships established on or prior to November 11, 2023, as defined in an previous submit. In September 2023, the DEA hosted Telemedicine Listening Classes to procure further business and stakeholder enter.
This 2d Transient Rule extends the present flexibilities for prescribing managed medicines by means of telemedicine for all practitioner-patient relationships (no longer simply the ones established on or prior to November 11, 2023) till the tip of 2024. Some issues and causes famous via the DEA for extending the telemedicine flexibilities come with:
- Discounts in get entry to to maintain sufferers who won’t have a longtime practitioner-patient dating;
- Practitioner backlogs for offering in-person scientific critiques; and
- Pressing public well being wishes for sure managed medicines.
Sheppard Mullin will proceed to watch tendencies and supply updates as they stand up. Suppliers with questions or in the hunt for recommend can touch any member of our Healthcare Workforce for help.