DEA Rule Proposal Spurs Bipartisan Push to Protect Telemedicine Prescriptions

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Pills scattered on a laptop keyboard.

Bipartisan lawmakers are working together to protect telemedicine prescribing rights. The DEA considers new, restrictive regulations. The proposed DEA rule risks limiting prescribers to only half of their prescriptions via telemedicine. Adequate access to substance abuse and mental health services is essential.

Preserving Pandemic-Era Telemedicine Flexibilities

Bipartisan legislators are working to maintain the expanded telemedicine prescribing flexibility that was established during the COVID-19 crisis. They contend that the Drug Enforcement Administration’s proposed rule would significantly limit access to critical mental health and substance abuse treatments. Senators Sheldon Whitehouse, Lisa Murkowski, Mark Warner, and Marsha Blackburn are leading efforts to preserve these telehealth advancements, emphasizing the importance of continued accessibility and patient care quality.

These lawmakers have raised concerns about potential restrictions imposed by the new DEA rule. The proposal would limit prescribers to issuing half of their prescriptions via telemedicine, complicating access to critical medications such as schedule II substances. Such policies have the potential to undermine progress in telehealth accessibility, jeopardizing critical healthcare advancements aimed at supporting individuals who rely on these services.

Legislative Pushback Against DEA’s Proposed Rule

A bipartisan coalition of senators recently informed President Biden of their opposition to this DEA proposal. Their letter expressed concern that these policies could limit necessary treatments and create barriers to care for patients.

Telemedicine, which saw significant growth during the pandemic, is recognized for its role in improving care access, particularly for those dealing with mental health and substance abuse issues.

This formal objection was initiated by a group of 11 senators, who emphasized how the implementation of restrictive regulations would stymie telemedicine advancements that Congress had in mind. Congress previously directed the DEA to establish a special registration for remote prescribing of controlled substances, but progress on this front has stalled. Telehealth prescriptions are still muddled due to a lack of clear guidelines.

The Case for Extended Telemedicine Flexibilities

Proponents of the COVID-era telemedicine rules cite their effectiveness in combating the opioid crisis. Over 81,000 Americans died from opioid overdoses in 2023 alone, highlighting the critical need for accessible treatment options.

In response, two Democratic lawmakers are crafting a bill aimed at cementing the rights of healthcare providers to prescribe controlled substances via telehealth.

This bill, which aims to extend current prescription rules until 2026, seeks to include critical medications such as ADHD stimulants and buprenorphine. The continuation of these flexibilities could significantly improve individuals’ access to essential medications while also supporting broader public health initiatives.

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