On March 1, 2023, the Drug Enforcement Administration (DEA) published two proposed rules that would expressly authorize telemedicine prescribing of medications that are controlled substances, but only in circumstances that generally require at least one in-person patient visit with very limited exceptions. The proposed rules unwind certain telemedicine policies permitted during the COVID-19 public health emergency while maintaining some of those flexibilities moving forward. These proposed rules offer more flexibility in telemedicine prescribing compared to pre-pandemic, but will likely increase patient and health system burden and could create confusion about how lawfully to prescribe medications that are controlled substances.
