Foley & Lardner LLP, an international law firm, released a white paper analysis, which discusses the legal authority and statutory obligation of the Drug Enforcement Administration (DEA) to promulgate regulations specifying the circumstances in which a special registration may be issued, and more.
Notably, it concludes:
“The recently released proposed rule does not satisfy DEA’s obligation as directed by the Ryan Haight Act and the SUPPORT Act to implement a telemedicine special registration process enabling practitioners to prescribe controlled substances via telemedicine without a prior, in-person medical evaluation
The DEA has the legal authority and duty to issue rules developing a special registration permitting a practitioner to prescribe controlled substances via telemedicine without conducting an in-person medical evaluation. The DEA should use its authority to fulfill its obligations under federal law.”
See here or below for the analysis:
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