DEA and HHS Issue Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications

The Drug Enforcement Administration (DEA) jointly with the Department of Health and Human Services (HHS) is issuing a fourth extension of telemedicine flexibilities for the prescribing of controlled medications through December 31, 2026.

Under the Ryan Haight Online Pharmacy Consumer Protection Act (2008), a prescribing practitioner may remotely prescribe controlled substances to a patient only after conducting at least one in-person medical evaluation of that patient in the course of professional practice and in compliance with other relevant federal and state statutes and regulations.  

In response to the COVID-19 Public Health Emergency, the DEA granted temporary exceptions to the remote prescribing requirements of the Ryan Haight Act. These exceptions authorized practitioners to prescribe Schedule II-V controlled medications without a prior in-person visit provided that such prescriptions otherwise comply with the requirements outlined in DEA guidance documents, DEA regulations, and applicable Federal and State law.

The temporary exceptions were previously extended three times with the most recent being the fourth temporary extension which will remain in effect until the end of day December 31, 2026. The extension will provide time for DEA to promulgate a final set of regulations and allow sufficient time for providers to come into compliance with any new DEA registration, recordkeeping, or security requirements eventually adopted in a final set of regulations.

A copy of the extension (temporary rule) can be found in the Federal Register at: Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications