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), in collaboration with the Department of Health and Human Services (HHS), has issued a final rule expanding telemedicine access for prescribing buprenorphine—a critical medication for treating opioid use disorder (OUD). The new regulation, published in the Federal Register, extends the ability of DEA-registered practitioners to prescribe schedule III-V controlled substances via telemedicine, including through audio-only encounters.

This move represents a significant step forward in maintaining access to medication-assisted treatment (MAT) while balancing concerns about prescription drug monitoring and potential diversion. For healthcare providers, understanding these changes is essential for compliance and ensuring uninterrupted care for patients with OUD.

Key Highlights of the New Rule

• Expanded Telemedicine Prescribing:Practitioners can now prescribe buprenorphine for up to six months via audio-only or video telemedicine, eliminating the previous 30-day limitation.
• PDMP Review Requirement: Before prescribing, practitioners must review the Prescription Drug Monitoring Program (PDMP) data of the state where the patient is located.
• Identity Verification by Pharmacists: Pharmacists must verify a patient’s identity before dispensing the medication.
• Continuation of Treatment: After the initial six-month period, additional prescriptions can be issued either through an in-person medical evaluation or through another form of telemedicine as permitted by federal law.
• Flexibility for Patients: Patients who lack access to in-person care due to geographic, financial, or social barriers can continue receiving treatment through telemedicine without immediate in-person visits.

Implications for Healthcare Providers

This rule removes some of the most restrictive barriers from the DEA’s initial proposed regulations while still maintaining safeguards against misuse. Healthcare providers who offer MAT services must:

• Ensure compliance with PDMP review requirements before prescribing.
• Educate patients about the six-month renewal process and potential in-person visit requirements.
• Work with pharmacists to streamline the identity verification process for patients picking up prescriptions.
• Stay informed about state-specific telemedicine regulations that may impose additional requirements.

Protect Your Practice and Patients

At Parrella Health Law, we help healthcare providers navigate DEA regulations, compliance challenges, and MAT prescribing rules. If you need legal guidance on how this rule impacts your practice, contact us today at 857.328.0382 or email Chris at cparrella@parrellahealthlaw.com.