Protect Telehealth

AACAP Raises Concerns with Possible DEA Limits to Prescribing of Controlled Substances via Telehealth

AACAP has learned that pending regulations from the Drug Enforcement Agency (DEA) related to prescribing of a controlled substance via telehealth without an initial in person visit, which are now with the White House for final review and not yet public, include provisions that would harm the future viability of telepsychiatry. It is important to note that nothing is final, and what is drafted could still change.

Reports indicate that the current pending rule from DEA would allow no more than 50 percent of a provider’s patients to be seen via telehealth only, prohibit Schedule II medications prescribed via telehealth, and require that Prescription Drug Monitoring Programs are checked in all 50 states, which is not possible in practice. DEA’s COVID-19 Public Health Emergency flexibilities were extended until December 31, 2024, which means less than four months remain for any guidance to come from the DEA, or for Congress to intervene. Pivoting to unworkable new DEA regulations within this timeframe would harm patient’s access and continuity of care.

AACAP and other behavioral health and telehealth advocates are asking for a two-year extension of current DEA flexibilities. AACAP released a public statement on this issue, and circulated letters to the White House, U.S. House, and U.S. Senate outlining our concerns with possibly limiting telehealth access while building the case that telehealth is critical to patients’ access to mental health care, including psychiatry. AACAP continues to closely monitor any new developments from the administration that could curtail access to telehealth.