The Drug Enforcement Administration (DEA) is finalizing a proposed rule for prescribing controlled substances via telehealth, which is reportedly more restrictive than advocates hoped. The draft rule, currently under White House review, would limit telehealth prescribing of certain controlled substances and require in-person visits for some medications.

Recent reports suggest that the proposed rule would prohibit prescribing Schedule II substances like Adderall via telehealth without an initial in-person visit. For Schedule III-V substances, only 50% of prescribing could be done online, with the other half requiring in-person visits.

In response, telehealth advocacy groups seek a two-year extension of current flexibilities. They are gathering signatures for letters to Congress and the White House, arguing that the DEA lacks time to finalize a rule before current waivers expire at the end of 2024.

Some lawmakers, including Senator Mark Warner, have criticized the reported restrictions, calling on the DEA to lift some of these proposed limitations on telemedicine prescribing.

Analyst QuickTake : In May 2023 , the DEA temporarily extended the emergency flexibilities granted to telehealth companies during the Covid-19 pandemic for six months, only to withdraw the proposed limitations at the end of the extension period after receiving an unprecedented 38,000 public comments. The rules still do not appear to meet the industry's needs, and after a year, finding common ground is still a long way off.