in effect
This is a temporary federal rule issued jointly by the Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) that extends existing pandemic-era permissions allowing doctors and other licensed prescribers to prescribe controlled medications to patients via video or audio telehealth visits without ever having met the patient in person. It is the fourth consecutive extension of flexibilities that were first granted in March 2020 during the COVID-19 public health emergency.
The rule moves the expiration date of the telemedicine prescribing flexibilities from December 31, 2025 to December 31, 2026, adding one additional year. During this window, any DEA-registered practitioner may prescribe Schedule II through V controlled substances (which include stimulants, opioids, benzodiazepines, and similar medications) to a patient they have never evaluated in person, as long as the visit occurs over an approved interactive telecommunications system and the prescription serves a legitimate medical purpose. The rule does not add or remove any other requirements beyond updating that expiration date. DEA estimates the extension produces net cost savings to patients of approximately $17.2 million. A final permanent rule governing telemedicine prescribing has not yet been issued; this extension is explicitly intended to bridge the gap while DEA finishes that rulemaking.
Licensed medical practitioners registered with the DEA — including physicians, nurse practitioners, physician assistants, and others authorized to prescribe controlled substances — may continue prescribing those substances via telehealth visits through the end of 2026 without requiring an initial in-person appointment. Patients who currently receive prescriptions for controlled medications through telehealth platforms, particularly those in rural areas, those with mobility limitations, and those who established care remotely during or after the pandemic, are not required to schedule in-person visits to maintain those prescriptions before December 31, 2026. Pharmacies, telehealth platforms, and other stakeholders involved in dispensing or facilitating these prescriptions are also affected, as the legal framework governing their operations remains unchanged for another year.