May 9, 2023  – On May 9, 2023, ahead of the expiration of the COVID-19 Public Health Emergency (PHE), the Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) issued the “Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications” —a temporary rule that extends telemedicine flexibilities adopted during the COVID-19 PHE.

Taking effect on May 11, 2023, the temporary rule extends the full set of telemedicine flexibilities adopted during the COVID-19 PHE for six months—through November 11, 2023. For any practitioner-patient telemedicine relationships that have been or will be established up to November 11, 2023, the full set of telemedicine flexibilities regarding prescription of controlled medications established during the COVID-19 PHE will be extended for one-year—through November 11, 2024.

DEA and SAMHSA received more than 38,000 comment letters in response to the proposed rule on telemedicine prescribing of controlled substances post-PHE, including comments from AACAP. The agencies will continue to fully consider public comments before issuing a permanent rule.

Full text of the temporary rule (PDF).

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The American Academy of Child and Adolescent Psychiatry promotes the healthy development of children, adolescents, and families through advocacy, education, and research. Child and adolescent psychiatrists are the leading physician authority on children’s mental health. For more information, please visit www.aacap.org