The DEA and SAMHSA announced that  the COVID-19 flexibilities regarding telemedicine prescribing of controlled substances are extended to November 11, 2023 for new patients and November 11, 2024 for established patients.

• SAMHSA press release: https://www.samhsa.gov/newsroom/press-announcements/20230509/dea-extend-covid19-telemedicine-flexibilities-prescribing-controlled-medications
• Pre-publication rule: https://public-inspection.federalregister.gov/2023-09936.pdf

For any practitioner-patient telemedicine relationship that has been or will be established before November 11, 2023, there will continue to be a one-year grace period of these flexibilities through November 11, 2024. In other words, if the practitioner and patient have established a telemedicine relationship involving the prescription of controlled medications on or before November 11, 2023, the telemedicine flexibilities for the prescribing of controlled substances will be extended through November 11, 2024. Practitioner-patient relationships established after November 11, 2023 will not be granted use of those flexibilities. The flexibilities include:

• No in-person requirement for the prescribing of schedule II-V controlled medications via audio-video telemedicine encounters;
• No in-person requirement for the prescribing of schedule III-V narcotic controlled medications approved by the FDA for the maintenance and withdrawal management treatment of opioid use disorder via audio-only telemedicine encounters;
• DEA registration in one state allowing prescription of controlled medications in any state.