Telehealth Prescribing of Controlled Substances Extended Through December 31, 2026
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NCMB continues to receive periodic inquiries regarding current practices for prescribing opioids and other controlled substances to patients via telehealth consultations. Please note that the federal government has extended telemedicine flexibilities for prescribing controlled substances through December 31, 2026. Under the current temporary rule, DEA-registered prescribers may continue to prescribe Schedule II-V controlled substances via telemedicine without a prior in-person medical evaluation, provided all other applicable federal and state requirements are met.(1)
Essentially, this means that telehealth prescribing practices permitted under the COVID-19-era flexibilities may continue through the end of the calendar year. The extension is intended to avoid disruptions in patient care while the US Drug Enforcement Administration works toward implementing permanent telemedicine prescribing regulations.
Key reminders for prescribers:
• Prescriptions for controlled substances must continue to be issued for a legitimate medical purpose in the usual course of professional practice.
• The prescription is issued pursuant to a communication between a practitioner and a patient using an interactive telecommunications systems, that includes at a minimum, audio and video equipment permitting two-way, real-time interactive communication between the patient and a distant site practitioner. Interactive telecommunication systems may include two-way, real-time audio only for telehealth furnished when the patient is located in their home and the patient is incapable of or does not consent to the use of video technology.(2)
• Prescribers must comply with all applicable federal and state laws, licensing requirements, and professional standards of care.
• The use of telehealth is appropriate only if the practitioner can collect sufficient information to provide care in a manner consistent with the applicable standard of care. Please see NCMB Position Statement 5.1.4: Telemedicine.
• The extension does not change existing recordkeeping, documentation, and prescribing obligations.
Footnotes
1. See 42 CFR § 1307.41.
2. For billing, certain modifiers must be appended to claims when providing two-way, real-time audio only telecommunications. See 42 CFR § 410.78(a)(3).
Essentially, this means that telehealth prescribing practices permitted under the COVID-19-era flexibilities may continue through the end of the calendar year. The extension is intended to avoid disruptions in patient care while the US Drug Enforcement Administration works toward implementing permanent telemedicine prescribing regulations.
Key reminders for prescribers:
• Prescriptions for controlled substances must continue to be issued for a legitimate medical purpose in the usual course of professional practice.
• The prescription is issued pursuant to a communication between a practitioner and a patient using an interactive telecommunications systems, that includes at a minimum, audio and video equipment permitting two-way, real-time interactive communication between the patient and a distant site practitioner. Interactive telecommunication systems may include two-way, real-time audio only for telehealth furnished when the patient is located in their home and the patient is incapable of or does not consent to the use of video technology.(2)
• Prescribers must comply with all applicable federal and state laws, licensing requirements, and professional standards of care.
• The use of telehealth is appropriate only if the practitioner can collect sufficient information to provide care in a manner consistent with the applicable standard of care. Please see NCMB Position Statement 5.1.4: Telemedicine.
• The extension does not change existing recordkeeping, documentation, and prescribing obligations.
Footnotes
1. See 42 CFR § 1307.41.
2. For billing, certain modifiers must be appended to claims when providing two-way, real-time audio only telecommunications. See 42 CFR § 410.78(a)(3).
