By: Christopher Parrella, Esq., CPC, CHC, CPCO
Parrella Health Law, Boston, Ma.
A Health Care Provider Defense and Compliance Firm
The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have delayed the implementation of new regulations that would govern remote prescribing of controlled substances. Originally set to take effect on February 18, 2025, the new rules have now been postponed until at least March 21, 2025. This delay reflects ongoing policy debates over how to balance telehealth access with patient safety and prescription oversight.
What’s at Stake?
The two final rules under scrutiny impact telehealth prescribing in significant ways:
- Six-month supply of buprenorphine via audio-only consultation – This rule would allow patients to receive buprenorphine, a key medication for opioid addiction treatment, through a telemedicine consultation without an in-person visit.
- VA practitioners prescribing controlled substances via telehealth – This regulation would permit Veterans Affairs (VA) medical providers to prescribe controlled substances to veterans if they have ever had an in-person visit with another VA provider.
The Biden administration issued these rules as part of an effort to maintain telemedicine flexibility post-COVID, but their future now hangs in the balance.
Why the Delay?
The delay aligns with a January 20 memorandum from President Trump, which urged agencies to pause regulatory changes for at least 60 days. The administration is reviewing whether these rules align with broader health policy objectives and patient safety concerns.
Additionally, DEA has called for public comments by February 28 on whether these rules should be further extended or modified. There is also a separate proposed rule on special telemedicine registration for controlled substance prescribing, with comments due by March 18.
Telehealth Industry Concerns
The American Telemedicine Association (ATA) has voiced strong concerns about these proposed regulations, calling them overly complex and burdensome. In a letter to DEA Acting Administrator Derek Maltz, ATA’s lobbying arm outlined:
- Operational and technical challenges in meeting eligibility requirements.
- Unclear provisions that require further clarification.
- Burdensome application cycles and fees for prescribers.
ATA argues that the current regulatory approach may undermine patient access to essential medications—especially for opioid use disorder (OUD) treatment, ADHD medications, and mental health care.
What Happens Next?
- Telehealth providers and patients must wait for final decisions from the DEA and HHS.
- Public comments submitted by February 28 will help shape the final rules.
- March 18 marks the deadline for comments on the broader special registration proposal.
- March 21 is the earliest possible date for the rules to take effect—but further delays are possible.
What Should Health Care Providers Do?
- Stay updated on DEA and HHS announcements.
- Submit comments if your practice is affected.
- Prepare for potential regulatory shifts in telehealth prescribing.
Need guidance on telehealth compliance and controlled substance prescribing? Contact Parrella Health Law at 857.328.0382 or reach out to Christopher A. Parrella directly at cparrella@parrellahealthlaw.com for expert legal assistance.
Christopher A. Parrella, Esq., CPC, CHC, CPCO, is a leading healthcare defense and compliance attorney at Parrella Health Law in Boston. With extensive experience in healthcare law, he provides robust legal support in areas including regulatory compliance, audits, healthcare fraud defense, and reimbursement disputes. Christopher emphasizes client-centered advocacy, offering one-on-one consultations for personalized guidance. His proactive approach helps clients navigate complex healthcare regulations, ensuring compliant operations and defending against government investigations, audits, and overpayment demands.
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