DEA Unveils Special Registration Framework for Telehealth Prescribing of Controlled Substances

Proposal Overview:

The DEA has proposed a special registration framework to allow telehealth practitioners to prescribe controlled substances via telemedicine without an initial in-person visit13.
This proposal aims to ensure patient access to care while maintaining safeguards against the diversion of controlled substances.

Registration Types:

The DEA proposes three types of special registrations:

* 1. Telemedicine Prescribing Registration:*
For clinicians to prescribe Schedule III-V controlled substances via telemedicine.

* 2. Advanced Telemedicine Prescribing Registration:*
For specialized physicians and board-certified mid-level practitioners to prescribe Schedule II-V controlled substances via telemedicine.

* 3. Telemedicine Platform Registration:*
For covered online telemedicine platforms to dispense Schedule II-V controlled substances prescribed by clinicians with special registrations13.

Application Process:

The DEA will issue a new registration application, Form 224S, tailored for special registrations.
The registration fee is $888 for any one of the three types of special registration, with additional fees for state telemedicine registrations1.

State Telemedicine Registrations:

Special registrants must maintain a state telemedicine registration for every state in which they treat patients, unless otherwise exempted.
This registration is issued by the DEA and operates as an ancillary credential contingent on the special registration held by the special registrant1.

Heightened Scrutiny:

The proposal includes heightened prescription, dispensing, recordkeeping, and reporting requirements for telemedicine prescribers and platforms to prevent and detect diversion of controlled substances3.

Uncertainty:

The finalization of the proposed rule is uncertain due to the incoming Trump administration, which may impose a regulatory freeze on all pending rules13.

Sources:

1. https://www.mcdermottplus.com/insights/dea-releases-long-awaited-telehealth-special-registration-proposal-but-adoption-is-uncertain/

3. https://www.dentonshealthlaw.com/dea-issues-long-awaited-telemedicine-prescribing-special-registration-framework-but-to-what-effect/