Telemedicine Rules from DEA

by Elizabeth E. Hogue, Esq.

DEA Issues Three Telemedicine Rules

On January 16, 2025, the United States Drug Enforcement Administration (DEA) announced three new rules to make permanent some temporary flexibilities for telemedicine established during the COVID-19 public health emergency, including new provisions intended to protect patients. The DEA worked with the U.S. Department of Health and Human Services (HHS) to develop the new rules. The DEA made significant revisions to the draft rules proposed on March 1, 2023.

Exemptions

It is important to note that the new rules do not apply to telemedicine visits when patients have already been seen in person by medical providers. After patients have in-person visits with medical providers, any medications may be prescribed through telemedicine indefinitely. Also, if no medications are prescribed during telemedicine visits, the rules about telemedicine do not apply. In other words, patients can always have telemedicine visits with medical practitioners. The rules apply only if patients have never been seen in person by practitioners and controlled medications are prescribed during telemedicine visits.

Rule #1 - Remote Access to Opiod Meds

First, the DEA expanded remote access to buprenorphine, the medication used to treat opioid use disorder, via telemedicine encounters. This change allows patients to receive six-month supplies of buprenorphine through telephone consultations with providers. Additional prescriptions will, however, require an in-person visit to medical practitioners.

Rule #2: Schedule III-V Without In-Person Evaluation

The DEA also issued proposed rules that establish special registrations that allow patients to receive prescribed medications even though they have never had an in-person evaluation from a medical provider. This special registration is available to practitioners who treat patients for whom they will prescribe Schedule III-V controlled substances.

Telemedicine Rules

Prescribing Registrations for Schedule II

Advanced Telemedicine Prescribing Registrations are available for Schedule II medications when practitioners are board certified in one of the following specialties:

    • Psychiatrists
    • Hospice care physicians
    • Physicians rendering treatment at long term care facilities
    • Pediatricians for the prescribing medications identified as the most addictive and prone to diversion to the illegal drug market

    These specialized providers can issue telemedicine prescriptions for Schedule II-V medications.

Call for Public Comment

The DEA seeks public comment on the following issues related to the proposed rules, including whether:

    • Additional medical specialists should be authorized to issue Schedule II medications
    • Special registrants should be physically located in the same state as patients for whom Schedule II medications are prescribed
    • To limit Schedule II medications by telemedicine to practitioners whose practice issues less than 50% of prescriptions by telemedicine.

Online Registration

The DEA will also require online platforms to register with the DEA if they facilitate connections between patients and medical providers that result in prescription of medications. In addition, the DEA will also establish a national prescription drug monitoring program (PDMP) so that pharmacists and medical practitioners can see patients’ prescribed medication histories.

Rule #3: Exemption for Dept of Veterans Affairs

Finally, the DEA will exempt U.S. Department of Veterans Affairs (VA) practitioners from requirements for Special Registrations. After patients receive in-person medical examinations from VA practitioners, the provider-patient relationship is extended to all VA practitioners who engage in telemedicine with the patients.

Final Thoughts

Prescribing controlled substances is essential for some patients, including hospice patients. Practitioners must have the option to prescribe using telehealth.

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Elizabeth E. Hogue, Esq.
Elizabeth E. Hogue, Esq.

Elizabeth Hogue is an attorney in private practice with extensive experience in health care. She represents clients across the U.S., including professional associations, managed care providers, hospitals, long-term care facilities, home health agencies, durable medical equipment companies, and hospices.

©2025 Elizabeth E. Hogue, Esq. All rights reserved.

No portion of this material may be reproduced in any form without the advance written permission of the author.

©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

Advocacy Continues on Capitol Hill

ROAD TO THE TELEHEALTH “SUPER BOWL”: ATA ACTION CAPITOL HILL DRIVE

WASHINGTON, DC, JUNE 12, 2024 – ATA Action, the American Telemedicine Association’s affiliated trade association focused on advocacy, hosted its 2nd annual Hill Day, bringing nearly two dozen ATA Action members to Capitol Hill for meetings with Congressional leaders to discuss top federal telehealth policy priorities. ATA Action members underscored the ATA and ATA Action playbook for comprehensive, permanent telehealth reform, including passage of the CONNECT for Health Act  (H.R. 4189S. 2016), the Telehealth Modernization Act (HR 7623S.3967) and the Advancing Access to Telehealth Act (HR 7711).

“This well-timed Hill Day accomplished our goal, to keep telehealth access front-and-center in the minds of our Congressional champions and underscore the urgent need for Congress to act now to give patients and providers certainty about the continued availability of telehealth services,” said Kyle Zebley, senior vice president, public policy, the ATA and executive director, ATA Action. “We continue to hammer home the fact that access to telehealth is essential for delivering safe, effective, quality care to all individuals, including those in rural and underserved communities, as part of a modernized healthcare system.

“As we continue to seek permanent access to virtual care services, we remain grateful to the unwavering bipartisan, bicameral support for appropriate and necessary policies to ensure citizens have access to often life-saving telehealth services, when and where they need it. But the clock is ticking. We need Congress to act now, so that appropriate telehealth policies are implemented in a timely manner without arbitrary and unnecessary barriers to care such as in-person, brick-and-mortar, or geographic requirements,” Zebley added. “We are also eager to see our Senate champions act on these important telehealth policies.”

ATA Action members participating in Hill Day included a diverse range of organizations advocating for telehealth. Members of ATA Action’s Patient Voices for Telehealth Coalition also joined Hill Day meetings.

About ATA ActionTelemedicine Advocacy

ATA Action recognizes that telehealth and virtual care have the potential to transform the healthcare delivery system by improving patient outcomes, enhancing the safety and effectiveness of care, addressing health disparities, and reducing costs. ATA Action is a registered 501c6 entity and an affiliated trade organization of the American Telemedicine Association (ATA).

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CONTACT:

Gina Cella
gcella@americantelemed.org
t: 781-799-3137

Stakeholders React to DEA TeleHealth Rule

FOR IMMEDIATE RELEASE 

STAKEHOLDERS SEND LETTER TO DEA URGING ACTION ON TELEHEALTH RULE CRUCIAL FOR MENTAL HEALTH, SUBSTANCE USE DISORDERS

WASHINGTON, DC, APRIL 2, 2024 – The Alliance for Connected Care, the American Telemedicine AssociationATA Action, the Consumer Technology Association, the Healthcare Information and Management Systems Society, and the Partnership to Advance Virtual Care, co-leading the effort, submitted a letter to the U.S. Drug Enforcement Administration (DEA) requesting the expedited release of a revised proposed rule to permit and regulate the prescribing of controlled substances through telehealth. The letter was signed by 214 stakeholders. Current flexibilities allowing for the remote prescribing of controlled substances are set to expire at the end of this year, necessitating regulatory action to ensure their continuation.

Stakeholders praised the DEA for their leadership and actions taken to ensure continued patient access to care be delivered through telemedicine in advance of the final telemedicine regulations expiring at the end of this year. The letter also urged DEA to propose the updated rules immediately for the following reasons:

  • To ensure stakeholders have adequate time to provide feedback on any policy proposal.
  • If DEA were to create a special registration process for telehealth prescribers, as proposed by DEA and many stakeholders, substantial operational lead-time would be needed to implement the new process and comply with other potential operational requirements and guardrails.
  • A rulemaking late in the year that makes significant policy changes would affect the ability of patients and clinicians to make appointments and ensure consistent access to care.
  • There will be operational staff training needs for pharmacies and other parts of the healthcare delivery system to ensure patients uninterrupted access to needed medical treatments offered through telehealth.
  • DEA’s national leadership is needed to set a clear path forward for the nation and to encourage more consistent definitions and aligned requirements from state regulatory bodies – to encourage care in our most underserved areas, without geographic barriers limiting access to care.

To read a full copy of the stakeholder letter: Stakeholder Letter Urging DEA to Issue a Proposed Rule on Remote Prescribing of Controlled Substances

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MEDIA CONTACTS:

Gina Cella, American Telemedicine Association
gcella@americantelemed.org
t: 781-799-3137

Rikki Cheung, Alliance for Connected Carerikki.cheung@connectwithcare.org t: 972-302-3279

Jim Fellinger, Consumer Technology Association
jfellinger@cta.tech

Rachel Stauffer, Partnership to Advance Virtual Carerstauffer@mcdermottplus.comt: 202-204-1460

Albe Zakes, HIMSSalbe.zakes@himss.orgt: 312-912-6757

Innovation Taking Center Stage at ATA Nexus 2024

FOR IMMEDIATE RELEASE        

INNOVATION TAKING CENTER STAGE AT ATA NEXUS 2024: 12 FINALISTS PRESENTING LIVE AT ATA TELEHEALTH INNOVATORS CHALLENGE

ATA Nexus Annual Conference, May 5-7, Phoenix, AZ

 WASHINGTON, DC, MARCH 28, 2024 – The American Telemedicine Association (ATA) today announced the 12 finalists who will be presenting live at the Telehealth Innovators Challenge, where the future of healthcare meets creativity and innovation, at ATA Nexus 2024, May 5-7 in Phoenix, AZ. The ATA Telehealth Innovators Challenge is an exclusive opportunity for early-stage virtual care developers to showcase their novel solutions in front of key stakeholders, investors and decision-makers driving the future of healthcare.

The 12 innovators presenting in the final round of the Telehealth Innovators Challenge will highlight the latest digital health innovations to help eliminate gaps in access to care:

Femtech and Women’s Health:

  • Leva Pelvic Health System – Axena Health
  • Nest Collaborative
  • The Future of Maternal Care – Bloomlife

In-patient Care Solutions:

  • Oshi Health Virtual GI Center of Excellence
  • ThinkAndor – Andor Health
  • DermEngine AI-Powered Care Coordination – MetaOptima Technology, Inc.

The Patient Experience:

  • Vori Health
  • The TeleDentists
  • ThriveLink (formerly Nutrible)

Tools That Deliver Care:

  • CardioSignal
  • Alio Remote Monitoring Platform
  • Strados Labs RESP Biosensor

Meet the Innovators Challenge Judges: 

Samir Batra, BAHA Enterprises; HIP; ATA Advisor (Emcee)

Kiran Avancha, PhD, HonorHealth Innovations

Amit Aysola, Create Health Ventures

Joe Brennan, TytoCare

Christine Brocato, CommonSpirit Health

Adam Dakin, Medivation Advisors

Tracy Dooley MD, Avestria Ventures

Charlotte Gabet, Parkview Health

Jon Gabriel, Foley & Lardner

Nancy Green, The SAA Group, LLC

Rick Hall, PhD, Mayo Clinic/ASU MedTech Accelerator

Saira Haque, PhD, Pfizer Medical Affairs

Jennifer Joe, MD, AstraZeneca

Aditi U. Joshi, MD, Digital Health Consultant

Connor McDermott, A1 Health Ventures

Kate Merton, PhD, ChicagoArc

Matt Miller, PhD, Headwater Ventures

Yuriy Oinyskiv, Orlando Health Ventures

Maxim Owen, Wavemaker Three-Sixty Health

Rakesh Patel, MD, Good Samaritan Hospital

Julia Monfrini Peev, PACE Healthcare Capital

Shravan Rai, Teladoc Health

Lygeia Ricciardi, AdaRose

Julianne Roseman, Plug and Play

Matthew Sakumoto, MD, Sutter Health-West Bay Region

Mayank Taneja, OSF Healthcare

Kristen Valdes, b.well

Elliott Wilson, Flying Pig Consulting

Keith Winter, Teal Ventures

Emily Zhen, Zeal Capital Partners

Anthony Zlaket, Tampa General Hospital

Jeff Zucker, Digital Health Entrepreneur/Investor

ATA Nexus features three full days of dynamic content, including new programming formats and interactive sessions that will explore The Next Chapter in Virtual Care, including interactive sessions, collaborative workshops, a bustling exhibit floor and networking and social events that will spark curiosity, foster learning, and ignite transformative discussions, including:

  • Four Deep Dive sessions on the hottest topics in virtual care, plus NEW! Telehealth 101 Bootcamp
  • Over 80 Oral and Poster Research Presentations with CME
  • NEW! System Spotlights featuring leading hospital systems on the forefront
  • NEW! Curbside Consult sessions, engaging and informal “consults” with clinicians and industry experts
  • Annual Telehealth Innovators Challenge live pitch competition
  • NEW! Meet the Experts lounge in the ATA Hub
  • NEW! Insights Workshop on Virtual Nursing for senior nursing leaders
  • Plus over 300 speakers, hundreds of sponsors and exhibitors, and an audience packed with telehealth and virtual care stakeholders

GENERAL REGISTRATION: For more information or to register, please visit the ATA Nexus 2024 website for details and easy online registration.

MEDIA REGISTRATION:  Register to attend ATA Nexus 2024 here and use comp code ATA24PRMEDIA to receive complimentary press credentials. Or contact Gina Cella at gcella@americantelemed.org.

About the ATA

As the only organization completely focused on advancing telehealth, the American Telemedicine Association is committed to ensuring that everyone has access to safe, affordable, and appropriate care when and where they need it, enabling the system to do more good for more people. The ATA represents a broad and inclusive member network of leading healthcare delivery systems, academic institutions, technology solution providers and payers, as well as partner organizations and alliances, working to advance industry adoption of telehealth, promote responsible policy, advocate for government and market normalization, and provide education and resources to help integrate virtual care into emerging value-based delivery models.

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CONTACT:  

Gina Cella

gcella@americantelemed.org

t: 781-799-3137

 


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Boston’s Partners Home Care Selects ViTel Net Home Telemonitors

Following a selection process that has gone on for two years but intensified over the last six months, Partners Home Care announced that it has selected McLean, Virginia’s Visual Telecommunications Networks Inc. (ViTel Net) to bring telemonitoring services to the Boston agency’s patients. ViTel Net’s bedside telemonitor, the VitelCare™ Turtle 400, is a light-weight, portable monitoring device that delivers daily vital signs through a standard phone line to clinicians at a central location.

ViTel Net offers telemedicine applications and scalable, remote health monitoring equipment to home care and other healthcare providers. The Washington, DC-area company was founded in 1989. Partners Home Care (PHC) conducted a number of telemonitoring research trials over the last few years (see “Payers Encourage Telehealth Pilots“) that have demonstrated positive results for the agency’s patients. When it came time to select a long-term partner, however, the consensus was to move away from experimental prototypes toward a set of established products.

Partners Home Care is one of New England’s largest non-profit home care providers, providing certified, specialty, and private home care services throughout Eastern Massachusetts. The agency is a member of Boston’s Partners HealthCare, which serves over 140 New England communities. We spoke recently with home care president Marcia Reissig.

“With two years of research and testing prototypes, we knew what patients like and don’t like,” she told HCAR. “Our IS and clinical team that looked at home telehealth vendors kept that in mind as we reviewed a number of devices over the last 18 months. The ViTel Net Turtle stood out for several reasons. We liked its color display against a black background. We thought that would make it easier for older patients to read. And we liked that fact that it displays pictures as well as names and words of medications and medical devices. It was one of the few products we saw that our clinical and IS people both liked.”

Reissig added that the company itself was a factor in the decision, as well as its products. Some monitors that worked well or were otherwise attractive to clinicians were found to have too proprietary a technology foundation or were offered under a too-restrictive business model. “We will need a lot of customization so that our home telehealth system integrates with Partners HealthCare’s intranet and our home care applications,” she explained. “We liked that ViTel Net is privately owned and very engineering-oriented. During the selection phase, they were able to demonstrate some of their adaptation ideas for us, rather than just talk about them, so we felt they are small enough to be responsive to our needs. They were not the least expensive of those we saw but we thought they would fit our needs.”

Home care IT Director Cara Babachicos added that her department was primarily looking for a vendor that would be easy to work with, skilled enough to create complex interfaces to the parent healthcare organization’s sophisticated enterprise systems but flexible enough to customize its products to meet the home care department’s needs. “We already upload patient data to our system-wide dashboard so that Partners physicians can track patients online,” she said. “We want telehealth data to be available there too in order to alert physicians when vitals are problematic and they need to summon early responders to make adjustments.”

The IT Director added that her department’s goal was to find a way that data could be integrated with a server without creating too many data transfer challenges. “Telehealth data will have to be uploaded to a server and from there to Partners’ enterprise system through a firewall without creating problems,” she explained. “ViTel Net seems to have already figured out a way to set up an ISP email account to upload patient results.” The vendor, she added, has also agreed to set up a backup server and to make support available for extended hours in order to help minimize downtime.

Partners has purchased 35 units initially and will grow the program to 125 telemonitors within the next four to six months. The home care division is not separating from the systems’ remote monitoring effort with this vendor selection but will continue to work closely with Partners Telemedicine, a Partners HealthCare department under the direction of Dr. Joseph Kvedar with the mission of connecting healthcare providers and patients around the world through the use of communications technologies. Kvedar’s department will provide resources and expertise to support the home care project. “I speak with Joe at least once a week,” Reissig said. “He has assigned one of his people to home care full time as we get this project going.”

One aspect of the project that will be worth watching over time is one that will be conducted through member hospital Massachusetts General. With funding from Partners HealthCare, it will study the effects of telemonitoring on patients with chronic conditions but who are not homebound and therefore not Medicare-eligible. One of the most significant obstacles to home telehealth adoption is that the monitoring device must be removed from the home at the end of a Medicare episode, regardless of the fact that leaving it there would help to prevent the need for future episodes or even re-hospitalizations. If the Mass General study can prove cost savings from monitoring non-homebound patients, it may eventually influence DHHS or Congress to reconsider the way it funds home care services.
http://www.vitelnet.com
http://www.partnershomecare.org