The DEA's COVID-era telemedicine prescribing flexibilities — which allowed physicians to prescribe Schedule II-V controlled substances via telehealth without a prior in-person visit — have been extended while permanent rulemaking proceeds. A permanent rule is expected in 2026 and may materially change how controlled substances are prescribed via telehealth.
Current status
The temporary flexibilities remain in effect. Under the current rules, DEA-registered physicians may prescribe controlled substances (including Schedule II) to patients they have not seen in person, provided the prescription is issued during a telehealth encounter and the physician otherwise complies with applicable state law.
What the proposed permanent rule would change
The DEA's proposed permanent rule would impose new registration requirements for telemedicine prescribing, including a separate telemedicine prescribing registration distinct from the standard DEA registration. Several patient protection and platform verification requirements have also been proposed.
The proposed permanent rule would require a separate telemedicine prescribing registration. Monitor the Federal Register comment periods.
What to do now
Continue to operate under the current temporary flexibilities. Monitor the Federal Register for comment periods on the proposed permanent rule — StateLicensure will alert you when the final rule is published or when a compliance deadline is set.