This month, the Drug Enforcement Administration is expected to propose new rules to govern the prescribing of controlled substances via telemedicine. On December 6, the Biden Administration updated its regulatory agenda with this addition and the opportunity for additional comment period before the agency finalizes this rule.

Ahead of the public health emergency’s end in May, the DEA proposed requiring patients see a doctor in person after receiving an initial 30-day supply of some drugs via telemedicine: buprenorphine, testosterone and ketamine for depression. LeadingAge submitted comments on this proposed rule requesting hospice, palliative, and skilled nursing patients be omitted from the changes since the loss of access to e-prescribing for controlled substances supporting pain and symptom management could have considerable unintentional consequences.

After considerable public push back, DEA did not finalize their rule and instead extended the current flexibilities until December 31, 2024.