On Feb. 19, 2025, HHS published notice of delayed effectiveness of opioid treatment via telemedicine 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 Jan. 17, HHS issued final rule on opioid treatment via telemedicine.
HHS, Drug Enforcement Administration issued final rule amending regulations expand instances practitioners authorized to prescribe schedule III-V controlled substances.
For treatment of opioid use disorder (OUD) by telemedicine, including audio-only.
Final Rule
Authorized under last category of telemedicine under Ryan Haight Act (PL 110-425), authorizes telemedicine when no in-person medical evaluation (21 USC 802(54)(G)).
Implements and enforces the Comprehensive Drug Abuse Prevention and Control Act of 1970 (CSA), and Controlled Substances Import and Export Act, (21 USC 801-971).
Final rule pertains to practitioners prescribing controlled substances to patients for the treatment of OUD in circumstances where the prescribing practitioner not conducted in-person medical evaluation of the patient prior to the issuance of the prescription.
After practitioner reviews patient's prescription drug monitoring program data for the state in which the patient is located during the telemedicine encounter.
Practitioner may prescribe initial six-month supply of such medications (split amongst several prescriptions totaling six calendar months) through audio-only means.
Additional prescriptions issued under other telemedicine or after in-person evaluation.
Also require pharmacist to verify identity of the patient prior to filling a prescription.
Not apply to practitioner-patient relationships in which there has already been a prior in-person medical evaluation of the patient by the prescribing practitioner.
Provider costs may rise slightly, totaling $191,171 annually, with minimal impact from new recordkeeping; small risk of substance diversion, but benefits for outweigh.
Effectiveness
Rule becomes effective Feb. 18, 2025.
Feb. 2025 Delayed Effectiveness, Consultation
On Feb. 19, 2025, HHS published notice of delayed effectiveness of opioid treatment via telemedicine 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.
