American Telemedicine Association, ATA Action and healthcare stakeholders are asking the U.S. Drug Enforcement Administration to meet with them to hammer out requirements for continued access to telehealth services and prescribing rules that also prevent drug diversion and medication misuse.
WHY IT MATTERS
In a July 22 letter to Terry Cole, the newly appointed head of the DEA, the stakeholders emphasized that failure to establish special registrations for providers and telemedicine platforms to prescribe certain schedules of controlled substances without requiring an in-person doctor's visit could leave patients without access to necessary care.
"Telehealth has been crucial in providing a wide range of important health services for Americans, but even more so for those Americans who live in remote areas and locations with provider shortages," they explained.
The virtual behavioral healthcare that many Americans now rely on has filled care gaps, which "overly broad restrictions" threaten to cut, according to the letter. As of December 2023, 169 million people live in a Mental Health Professional Shortage Area in the United States, but broader access to telehealth flourished with the onset of the COVID-19 pandemic, they noted.
Under Cole's leadership, the DEA has the opportunity to ensure continued access to telehealth services for millions of individuals with mental health conditions, substance use disorder and other chronic conditions, while maintaining the highest standards for patient safety, according to a statement Tuesday from Kyle Zebley, executive director of ATA Action and senior vice president, public policy at the ATA.
The ATA and its stakeholders asked Cole to lead the DEA in working directly with experts and stakeholders to fix and finalize the requirements of the proposed registration program by holding a meeting or forum.
Past efforts without full engagement with stakeholders led to unintended consequences, like "massive" new regulatory burdens on healthcare providers, they said.
THE LARGER TREND
Previously, the DEA and the U.S. Department of Health and Human Services had jointly extended COVID-19 prescribing flexibilities through Dec. 31.
Then, when the DEA proposed a rule earlier this year to create telehealth prescribing registrations, the ATA and ATA Action applauded, but said the draft registration framework required clarification and adjustment.
Specifically, the virtual care organization previously stated that the draft framework would impose upon clinical decision-making and flagged impracticalities related to compliance and provider exclusions. The ATA and ATA Action also detailed several requirements that it deemed arbitrary.
Outlining nine specific areas of concern on the agency's proposal, the virtual care organization argued that certain requirements did not account for the needs of psychiatrists, pain management specialists and other specialized providers.
It also said that proposed requirements overlooked the needs of primary care and general practitioners who integrate behavioral health treatment into their practices, in a comment letter dated Feb. 14.
"The proposal introduces several restrictive measures on prescribing Schedule II-V controlled substances that, while well-intended, may restrict access to care or interfere with ongoing treatment of many individuals," Zebley said in a statement at the time.
ON THE RECORD
"We urge Administrator Cole to take immediate action to establish a permanent framework for the remote prescribing of controlled substances that protects both patients and providers while enhancing access to critical and lifesaving prescriptions," said Zebley in a statement.
Andrea Fox is senior editor of Healthcare IT News.
Email: afox@himss.org
Healthcare IT News is a HIMSS Media publication.
