🛑Comment Here🛑to oppose the DEA (Drug Enforcement Administration) changes that will make it MORE restrictive to receive telehealth care and discuss the concerns of the LACK OF ACCESS TO MENTAL HEALTH SERVICES

Electronic comments must be submitted, and written comments must be postmarked, on or before March 18, 2025. (Comment Here Before the Deadline)!

The Background

The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (Ryan Haight Act) included an in-person medical evaluation before prescribing controlled substances but allowed exceptions for telemedicine during the COVID pandemic. The proposed regulatory plans to have additional registration mandates with 3 types of “Special Registration”, implementing stricter prescription, recordkeeping, and reporting requirements to prevent misuse and diversion. (-Special Registrations for Telemedicine and Limited State Telemedicine Registrations). Additional Information: 

• DEA Unveils Long-Overdue Special Registration for Telemedicine in Proposed Rule -Foley
• DEA Releases Long-Awaited Telehealth Special Registration Proposal, but Adoption Is Uncertain -JD Supra
• DEA announces proposed regulations on telemedicine prescribing of controlled substances -Nixon Peabody

What’s the Problem?

The DEA’s proposed rule limits practitioners to prescribing no more than 50% of controlled substances via telemedicine without an in-person evaluation is arbitrary, overly restrictive, and threatens patient access to necessary care for the following reasons:

1. Lack of Justification – The 50% cap lacks evidence proving its effectiveness in preventing misuse or diversion. During the COVID-19 pandemic, telemedicine prescriptions were allowed without arbitrary caps, with no widespread abuse.
2. Disproportionate Impact on Vulnerable Populations – The rule would significantly affect rural, underserved, and marginalized communities, as well as individuals with disabilities and those facing financial barriers to in-person care.
3. Negative Impact on Providers and Telemedicine Growth – The rule creates administrative burdens, discourages providers from offering telemedicine, and conflicts with state laws that support telehealth as a long-term solution.
4. Public Health Risks – Limiting telemedicine access could undermine addiction treatment efforts and worsen the mental health crisis by reducing access to necessary medications.
5. Better Alternatives – Rather than imposing an arbitrary cap, the DEA should enhance prescription monitoring, focus on high-risk prescribing, and support provider training to ensure responsible telemedicine use.

Conclusion: The proposed rule would hinder progress in telehealth and reduce access to essential care. The DEA should reconsider and collaborate with stakeholders to develop evidence-based policies that balance oversight with healthcare accessibility. These stats are expected to get worse: