January 30, 2025

On January 17, 2025, the U.S. Drug Enforcement Administration (DEA) issued a final rule on telehealth prescribing for buprenorphine for people in treatment for opioid use disorder (OUD). The rule makes permanent telemedicine flexibilities to the Ryan Haight Act that were established during the COVID-19 public health emergency to facilitate initiation and continuation of buprenorphine treatment for OUD.

Under the final rule, consumers initiating treatment for OUD will be able to receive a six-month supply of buprenorphine after  a telephone consultation with a clinical professional eligible to prescribe buprenorphine. For the initiation prescription, no initial in-person consultation will be required. However, further prescriptions of buprenorphine will require an in-person visit to a clinical professional.

• Additional prescriptions can be issued under other forms of telemedicine as authorized under the Controlled Substances Act, or after an in-person medical evaluation is conducted.
• This regulation also requires the pharmacist to verify the identity of the consumer before filling a prescription.

This final rule is part of a trio of rules issued by the DEA on the same day that are intended to support telemedicine visits in which a controlled medication (Schedule II through V) is prescribed. Medications at Schedule II through V have a known medical use. Schedule I controlled substances have no known accepted medical use.

The new rule updates the Ryan Haight Act rules which required at least one in-person visit before controlled medications at Schedule II through V can be electronically prescribed. Once a consumer has had an in-person visit with a medical professional, the medical professional may prescribe any medications, including controlled substances at Schedule II through V, through telemedicine. If a telemedicine visit does not involve a consumer being prescribed medications, then these telemedicine rules would not apply.

A link to the full text of “DEA Final Rule: Expansion Of Buprenorphine Treatment Via Telemedicine Encounter” is in the OPEN MINDS Circle Library at https://openminds.com/market-intelligence/resources/011725deaproposedbupetelemed/.