Question:
Hi Jennifer,
Can I prescribe a new patient a Schedule II controlled substance after meeting via telemedicine?
Thanks
-Dr. G
Answer:
So, not my place to address medical necessity, which of course must always be addressed. To answer the legal portion of this question for the sake of the newsletter, the federal Covid exemptions permitting doctors to meet with patients via telemedicine before prescribing a schedule II controlled substance remain in effect until December 31, 2025.
During the COVID-19 public health emergency, the DEA and Dept. of Health and Human Services loosed restrictions regarding in-person visits and allowed DEA-registered practitioners to meet with patients over “interactive telecommunication systems"; a two-way, real time interactive communication between patient and practitioner with audio/visual, however, an audio only telecommunication may be permissible in certain circumstances. See https://www.dea.gov/press-releases/2020/03/20/deas-response-covid-19. The Covid exemption has bee extended until December 31, 2025. See 21 CFR 1307.41.
Now, just because you can, doesn’t necessarily mean you should. Best practices dictate a face to face visit is preferred, as well as face to face visits on refills, on not less than a quarterly interval, not to mention to litany of other requirements for prescribing schedule IIs, such as, but not limited to checking your state equivalent of the NY Prescription Monitoring Program, drug testing, conducting a proper exam and patient history, and entering into a narcotics agreement with patients, as applicable.
Hi Jennifer,
Can I prescribe a new patient a Schedule II controlled substance after meeting via telemedicine?
Thanks
-Dr. G
Answer:
So, not my place to address medical necessity, which of course must always be addressed. To answer the legal portion of this question for the sake of the newsletter, the federal Covid exemptions permitting doctors to meet with patients via telemedicine before prescribing a schedule II controlled substance remain in effect until December 31, 2025.
During the COVID-19 public health emergency, the DEA and Dept. of Health and Human Services loosed restrictions regarding in-person visits and allowed DEA-registered practitioners to meet with patients over “interactive telecommunication systems"; a two-way, real time interactive communication between patient and practitioner with audio/visual, however, an audio only telecommunication may be permissible in certain circumstances. See https://www.dea.gov/press-releases/2020/03/20/deas-response-covid-19. The Covid exemption has bee extended until December 31, 2025. See 21 CFR 1307.41.
Now, just because you can, doesn’t necessarily mean you should. Best practices dictate a face to face visit is preferred, as well as face to face visits on refills, on not less than a quarterly interval, not to mention to litany of other requirements for prescribing schedule IIs, such as, but not limited to checking your state equivalent of the NY Prescription Monitoring Program, drug testing, conducting a proper exam and patient history, and entering into a narcotics agreement with patients, as applicable.
Have a question for Jennifer? Email is best. You can reach her at Jennifer@Kirschenbaumesq.com.
