DEA and HHS delay implementation of buprenorphine final rule

Today the Drug Enforcement Administration and Department of Health and Human Services announced that the effective date for the final rule regarding telemedicine prescribing of buprenorphine will be delayed from Feb. 18 to March 21.  As outlined in the Jan. 20 White House memorandum announcing the regulatory freeze, the agencies decided to delay the implementation of rules to review any questions of fact, law and policy. 

The DEA and HHS clarified that the waiver provisions outlined in the third extension of telemedicine flexibilities for prescribing controlled substances will remain in effect to waive in-person visit requirements through Dec. 31, 2025.

The agencies are soliciting comments on whether the effective date of the buprenorphine final rule should be extended beyond March 21. Comments are due Feb. 28.

Once implemented, the DEA’s final rule for the telemedicine prescribing of buprenorphine will enable practitioners to prescribe a six-month initial supply of Schedule III-V medications to treat opioid use disorder via audio-only telemedicine interaction without a prior in-person evaluation. Additional information on the buprenorphine final rule can be found in the AHA Member Advisory.