On June 13th, the Drug Enforcement Administration (DEA) submitted a proposed rule on the prescribing of controlled substances via telemedicine to the Office of Management and Budget (OMB). This is the final step before publication. Ahead of the public health emergency’s end in May 2023, the DEA initially 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 pushback, the DEA did not finalize its rule and instead extended the current flexibilities until December 31, 2024. With that deadline quickly approaching, the DEA needs to publish a new proposed rule with a required public comment period in order to finalize before the end of the year. LeadingAge hospice, home health and skilled nursing members serve individuals who need consistent supplies of controlled substances which can only be prescribed via telehealth due to rurality or crisis situations. The revision of this rule is critical to keep access to these drugs seamless for patients.