On Feb. 19, 2025, HHS published notice of delayed effectiveness of the telemedicine prescriptions rule in federal register, in accordance with freeze order, see #240867.
Also solicited public comments on whether there may be need for effective date to be extended beyond new date, and address issues of fact, law, and policy raised by rule.
Effectiveness delayed to Mar. 21, 2025; comments on delay solicited by Feb. 28, 2025.
On May 10, HHS issued temporary rule on telemedicine prescriptions.
HHS issued a temporary rule to extend certain exceptions granted to existing Drug Enforcement Agency (DEA) regulations due to Covid Public health emergency (PHE).
DEA was granted exemptions that allowed prescribing of medication via telemedicine.
Proposal aims to ensure a smooth transition for patients and practitioners that have come to rely on the availability of telemedicine for controlled medication prescriptions.
Temporary rule in place until implementation of a final set of telemedicine regulations.
Telemedicine Flexibilities
Due to Covid PHE DEA was granted temporary exceptions to the Ryan Haight Act (PL 110-425) to allow prescribing of controlled medications via telemedicine encounters.
Even if the prescribing practitioner had not conducted an in-person medical evaluation.
Telemedicine flexibilities authorized practitioners to prescribe schedule II–V controlled medications via audio-video telemedicine encounters, including narcotic medications.
In Mar. 2023, DEA and HHS proposed rules to make permanent some of telemedicine flexibilities established during Covid and establish effective controls against diversion.
After reviewing proposal comments issued this temporary rule to extend flexibilities.
Full set of telemedicine flexibilities regarding prescription of controlled medications as were in place during the COVID–19 PHE will remain in place through Nov. 11, 2023.
For any practitioner-patient telemedicine relationships established on/before Nov. 11, 2023, the flexibilities will continue via a one-year grace period through Nov. 11, 2024.
Effectiveness
Telemedicine prescription provisions effective May 11, 2023, through Nov. 11, 2023.
On Nov. 19, 2024, HHS extended exception, effective Jan. 1, 2025, to Dec. 31, 2025.
Jan. 2025 HHS Final Rule
On Jan. 17, 2025, HHS published final rule in federal register, effective Feb. 18, 2025.
Feb. 2025 Delayed Effectiveness, Consultation
On Feb. 19, 2025, HHS published notice of delayed effectiveness of the telemedicine prescriptions rule in federal register, in accordance with freeze order, see #240867.
Also solicited public comments on whether there may be need for effective date to be extended beyond new date, and address issues of fact, law, and policy raised by rule.
Effectiveness delayed to Mar. 21, 2025; comments on delay solicited by Feb. 28, 2025.
