ATA AND ATA ACTION CALL DEA’S PROPOSED RULE ON CONTROLLED SUBSTANCES OVERLY RESTRICTIVE, FEAR CONSEQUENCES IN PATIENT CARE

FOR IMMEDIATE RELEASE

CONTACT: Gina Cella | 781-799-3137 | gcella@americantelemed.org

ATA AND ATA ACTION CALL DEA’S PROPOSED RULE ON CONTROLLED SUBSTANCES OVERLY RESTRICTIVE, FEAR CONSEQUENCES IN PATIENT CARE

WASHINGTON, DC, FEBRUARY 25, 2023 – The American Telemedicine Association (ATA) and ATA Action issued the following statement, following tighter rules proposed by the Drug Enforcement Administration (DEA) for the remote prescription of controlled substances. The proposed rules would take effect when the COVID-19 Public Health Emergency ends on May 11.

“The proposed rules from the DEA are significantly more restrictive than is warranted. Our concern lies with the potential public health crisis this could cause for individuals needing access to clinically appropriate prescriptions of controlled substances for a wide variety of medical circumstances, including for mental health and substance use disorders. The continuity of care for countless Americans will be severed, potentially leaving these patients to fall through the cracks of our healthcare system without access to needed medications,” said Kyle Zebley, the ATA’s senior vice president, public policy, and executive director, ATA Action. “We recognize that the administration is doing their best to balance protections for patients with patient access to care. However, requiring every patient who has initiated treatment via telemedicine during the pandemic to now visit a provider in-person clearly falls on the side of being overly restrictive. As the ATA, ATA Action, provider groups, and patient advocates have long stated, mandatory in-person visits are clinically unnecessary barriers to appropriate care.

“We appreciate some of the positive provisions offered by the proposed rules, including allowing care to be delivered uninterrupted for 180 days after the end of the COVID-19 Public Health Emergency for those prescribing relationships that have been established during the last three years. Our hope is that the DEA works with us to avoid unnecessary and inappropriate restrictions on the prescription of essential medications for these vulnerable and underserved populations. The ATA and ATA Action teams are doing our due diligence to fully review the DEA’s proposed rules and will submit a comprehensive statement to the administration, along with more balanced recommendations for finding a suitable solution that will not jeopardize the health and well-being of patients, while protecting their safety.”

About ATA Action

ATA Action recognizes that telehealth and virtual care have the potential to transform the healthcare delivery system by improving patient outcomes, enhancing the safety and effectiveness of care, addressing health disparities, and reducing costs. ATA Action is a registered 501c6 company and an affiliated trade organization of the ATA.

About the ATA

As the only organization completely focused on advancing telehealth, the American Telemedicine Association is committed to ensuring that everyone has access to safe, affordable, and appropriate care when and where they need it, enabling the system to do more good for more people. The ATA represents a broad and inclusive member network of leading healthcare delivery systems, academic institutions, technology solution providers and payers, as well as partner organizations and alliances, working to advance industry adoption of telehealth, promote responsible policy, advocate for government and market normalization, and provide education and resources to help integrate virtual care into emerging value-based delivery models.

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