By Maeghan Gilmore, ABHW Vice President of Government Affairs
On December 30 last year, the Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services (HHS) jointly issued a Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications. The rule is effective January 1, 2026, through December 31, 2026. This extension will ensure access to more flexible tele-prescribing authorities through the end of 2026, even under the scope of the new rule. Additionally, tele-prescribing of Schedule II-V controlled medications for other behavioral health conditions will also continue until December 31, 2026. This will allow additional time for the agencies to issue another rule addressing a “special registration” process for prescribing controlled medications.
ABHW and other groups has consistently urged the administration to extend these tele-prescribing flexibilities, recognizing that access to medications for opioid use disorder (OUD) and mental health conditions is essential, not optional. This extension is a critical step toward removing unnecessary barriers to care and curbing the overdose epidemic. By supporting continuity of care, the extension plays a vital role in expanding access to evidence-based treatments, ensuring patients receive timely and appropriate treatment, and strengthening long-term recovery outcomes.
Of special note, the DEA and HHS also issued a final rule, Expansion of Buprenorphine Treatment via Telemedicine Encounter, which protects telemedicine initiation of buprenorphine for OUD. This development marks meaningful progress and will help ensure broader access to lifesaving buprenorphine for the people who need it. The final rule will:
- Allow DEA-registered practitioners to prescribe Schedule III-V controlled substances, i.e., buprenorphine, to treat OUD through audio-video visits and audio-only visits, when clinically appropriate.
- Allow prescribing up to a six-month supply without an in-person exam, provided specific safeguards are met.
- Require the prescribing practitioner to conduct a Prescription Drug Monitoring Program (PDMP) check, reviewing the PDMP data of the state in which the patient is located at the time of the telemedicine encounter.
- Require pharmacists to verify patient identity before dispensing buprenorphine prescribed via telemedicine.
You can read a summary of the final rule from ABHW here.
