The Clock is Ticking on Telemedicine Prescriptions

September 4, 2024 ‐ HealthLeaders Media

By Eric Wicklund

Telehealth advocates are gearing up for yet another battle with the federal government over the use of telemedicine to prescribe controlled medications, particularly in treatments for mental health and substance use disorders.

The Alliance for Connected Care is preparing stakeholder letters to the White House and Senate and House leadership urging them to put pressure on the U.S. Drug Enforcement Administration to extend for two years a pandemic-era waiver allowing providers to use telemedicine. Extending the waiver, currently set to end this year, would give the DEA time to create a long-sought registration process for those prescriptions.

“The ongoing challenges in accessing mental health and substance use treatment services, particularly in rural and underserved areas, underscores the importance of maintaining these flexibilities,” the letter states. “Telemedicine has proven to be an effective tool in bridging the gap between patients and providers, reducing barriers to care, and supporting those most in need.”

The fight over a pathway to use virtual care dates back to 2008, when the Ryan Haight Online Pharmacy Consumer Protection Act prohibited the use of telemedicine for drug prescription unless providers completed a special registration that the DEA was supposed to set up. That hasn’t happened yet, despite pressure on the DEA from lawmakers and others to create that process.

According to telehealth advocates, the DEA hasn’t been helpful. The agency had proposed long-term guidelines for telemedicine prescriptions in 2023, but that draft was widely condemned as being too complex and restrictive. A revised draft is now awaiting White House review, but reports indicate that draft, if approved, “would be a significant blow to the telemedicine industry … and hundreds of thousands of patients who have come to rely on virtual prescribing.”

In their letter to lawmakers and the White House, stakeholders say there isn’t enough time left before the end of the year for the DEA to release its new draft, allow time for public comment, review those comments and make any changes. Hence the request for a two-year extension on the waiver.

“Under the current waiver, controlled substances have been prescribed in a clinically appropriate manner to treat a variety of conditions—always by licensed medical professions with prescribing authority,” the letter states. “Given the widespread provider shortage across medical professions and specialties, this flexibility has been essential in ensuring that patients receive timely and necessary care. Continuing these practices is vital to sustaining access to treatment and addressing the ongoing healthcare challenges in underserved areas.”

Eric Wicklund is the associate content manager and senior editor for Innovation at HealthLeaders.

Be the Expert! Share this: