Publication
DEA Telemedicine Prescribing Rules Delayed Until December 31, 2025
Telehealth industry groups, providers, and even some in Congress, have urged the Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) to jointly extend prescribing flexibilities of certain controlled substances that were in place during the COVID-19 pandemic. In November 2024, the DEA and HHS agreed (for a third time) to extend virtual prescribing flexibilities of certain controlled substances.
On January 17, 2025, the DEA and HHS published two final rules related to the practice of prescribing medications via telehealth, titled “Expansion of Buprenorphine Treatment via Telemedicine Encounter” and “Continuity of Care via Telemedicine for Veterans Affairs [VA] Patients” (the Buprenorphine and VA Telemedicine Prescribing Rules).
The Buprenorphine and VA Telemedicine Prescribing Rules were originally scheduled to take effect on February 18, 2025, and were then delayed again due to the Trump administration’s “regulatory freeze.” However, on March 20, 2025, HHS delayed the effective date until December 31, 2025.
The Buprenorphine and VA Telemedicine Prescribing Rules amend previous regulations by expanding the circumstances whereby,
- DEA registered providers are authorized to prescribe a six-month supply of buprenorphine to treat opioid use disorder via telemedicine;1 and
- VA providers acting within the scope of their VA employment are authorized to prescribe schedule II-IV controlled substances via telemedicine to a VA patient with whom they have not conducted an in-person medical evaluation, if another VA practitioner has, at any time, previously conducted an in-person medical evaluation of the VA patient, subject to conditions.
The Buprenorphine and VA Telemedicine Prescribing Rules also establish three types of special registrations for providers and telehealth platforms:
- Telemedicine Prescribing Registration – authorizes qualified clinician practitioners to prescribe Schedule III-V controlled substances.
- Advanced Telemedicine Prescribing Registration – authorizes qualified specialized clinician practitioners to prescribe Schedule II-V controlled substances.
- Telemedicine Platform Registration – authorizes qualified covered online telemedicine platforms – in their capacity as platform practitioners – to dispense Schedule II-V controlled substances.
Healthcare organizations and providers raised concerns about the special registries, arguing that these registrations would limit telemedicine access and impose burdensome restrictions on providers. Since the Buprenorphine and VA Telemedicine Prescribing Rules’ first delay in February 2025, the DEA and HHS have received 32 comments, many aimed at the special registrations.
Providers and patients will now need to wait until December 31, 2025, for the Buprenorphine and VA Telemedicine Prescribing Rules to go into effect. Until then, under the COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications, providers can still prescribe controlled substances via telemedicine until the end of the year, subject to compliance with other federal and state laws.
Snell & Wilmer’s healthcare services team continues to monitor developments with respect to Buprenorphine and VA Telemedicine Prescribing Rules and the extension of other telehealth flexibilities.
**Any opinions expressed are the authors, and not necessarily those of the firm or their colleagues.
Footnotes
-
After six months, the rule requires the patient to see their provider in-person.
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 17 locations throughout the United States and in Mexico, including Los Angeles, Orange County, Palo Alto and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
