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DEA and HHS Releases Second Temporary Extension for COVID-19 Telehealth Flexibilities

Oct 18, 2023

On September 29, the Drug Enforcement Agency (DEA) and Health and Human Services (HHS) jointly announced a secondary temporary extension allowing telehealth flexibilities for the prescription of controlled substances.

  • The full set of telemedicine flexibilities regarding prescription of controlled medications as were in place during the COVID-19 PHE will remain in place through December 31, 2024.
  • Additionally, this extension authorizes all DEA-registered practitioners to prescribe schedule II–V controlled medications via telemedicine through December 31, 2024, whether or not the patient and practitioner established a telemedicine relationship on or before November 11, 2023. In other words, the grace period provided in the first temporary rule is effectively subsumed by this second temporary rule, which continues the extension of the current flexibilities for all practitioner-patient relationships—not just those established on or before November 11, 2023—until the end of 2024.

The secondary temporary extension now aligns with the broader telehealth flexibilities established under the Consolidated Appropriations Act (CAA), 2023 that are set to expire on December 31, 2024. For more information, please visit the Academy’s webpage End to Public Health Emergency Waivers or contact healthpolicy@aapmr.org with any questions.