By: Madeline Morcelle and Skyler Rosellini
Executive Summary
The National Health Law Program (NHeLP) submitted comments on the Drug Enforcement Administration’s (DEA) Notice of Proposed Rulemaking, “Telemedicine Prescribing of Controlled Substances When the Practitioner and the Patient Have Not Had a Prior In-Person Medical Evaluation.” NHeLP believes that all people should have access to the health care they need, regardless of geography, race, ethnicity, language, income, disability, sex, gender identity, sexual orientation, immigration status, or other factors. Ensuring access to controlled medication prescriptions via telemedicine is key to achieving that vision. We appreciate that the DEA is considering how to incorporate lessons from COVID-19 PHE telemedicine flexibilities into permanent policy. However, we are deeply concerned that if finalized, the Proposed Rule will dismantle the historic gains in access to care enabled through telemedicine during the PHE, catalyze widespread suffering, and worsen health inequities nationwide. We are particularly concerned about how this will harm Black, Indigenous, and other people of color, people with disabilities, lesbian, gay, bisexual, transgender, queer, and intersex people, women, immigrants and their families, rural communities, and people with low incomes. We urge the DEA to withdraw the Proposed Rule and instead pursue more expansive parameters for telemedicine prescribing that will protect and build upon recent gains in access to care and health equity.
