On February 14, 2025, the Drug Enforcement Administration (DEA) and Department of Health and Human Services (HHS) announced that the effective date of two Final Rules published in the Federal Register on January 17, 2025—“Expansion of Buprenorphine Treatment via Telemedicine Encounter” (Buprenorphine Final Rule) and “Continuity of Care via Telemedicine for Veterans Affairs patients” (VA Final Rule)— has been extended from February 18, 2025, to March 21, 2025. This extension is the result of the current administration’s January 20, 2025, Executive order (“Freeze Memo”), which postpones any rules published in the Federal Register that have not taken effect for sixty (60) days.
What Does This Mean for Telemedicine Prescribers?
The DEA and HHS have stated that the new effective dates of the Final Rules does not delay or otherwise limit the ability of practitioners currently operating under these two rules to prescribe controlled substances via telehealth, as the COVID-19 Telemedicine Flexibilities for Prescription of Controlled Substances, which has been in effect since May 10, 2023, continue to permit practitioners to prescribe via telemedicine through December 31, 2025.
What Does This Mean for the Proposed Rule for Special Registration for Telehealth Providers?
On January 17, 2025, the DEA also published a Notice of Proposed Rulemaking titled, “Special Registration for Telemedicine and Limited State Telemedicine Registrations” in addition to the Buprenorphine Final Rule and VA Final Rule. The special registration would require prescribers prescribing controlled substances via telehealth to register to do so and adhere to certain safeguards. However, this Notice of Proposed Rulemaking does not appear to have been affected by the Freeze Memo and remains open for public comments until March 18, 2025.
Next Steps
Despite the freeze, providers should continue to prepare for these regulatory changes, particularly the Final Rules regarding Buprenorphine prescribing and compliance with the VA telehealth rule, which are expected to take effect on March 21, 2025.
As it pertains to the proposed rules regarding special registration requirements for telehealth providers, both prescribers and telehealth platforms must remain up-to-date status of the rule, which, if/when finalized, will likely require significant operational changes for providers and platforms.
If your organization is navigating these regulatory changes, it’s crucial to seek legal guidance to ensure full compliance with the DEA’s evolving requirements. Contact Frier Levitt to discuss how these new rules could impact your practice and the steps you must take to stay ahead of the curve.
Moreover, if you are interested in submitting comments to DEA regarding the proposed special registration process, either as a prescriber or a facilitator, contact us to discuss this process. At this time, comments must be submitted before March 18, 2025.
