More than 150 organizations have appealed to Pam Bondi, the attorney general of the United States, to bring attention to telemedicine policy under the Department of Justice’s jurisdiction. 

The letter – organized by the Alliance for Connected Care and signed by Intermountain Health, Ascension and other health systems, along with numerous clinical and technology associations – urges Bondi to rescind the recently proposed Drug Enforcement Agency framework for telemedicine prescribing. 

WHY IT MATTERS

Citing Bondi's former work on the President’s Commission on Combating Drug Addiction and the Opioid Crisis during the first Trump administration, the signers of Thursday's letter asked her to act before temporary virtual prescribing flexibilities for controlled substances expire at the end of the year.

"Your leadership is needed to direct the [DEA] to withdraw this telemedicine regulation and work alongside Congress and stakeholders to advance a safe and permanent pathway for patients and practitioners," they said.

Signers also included the American Healthcare Association, American Association of Nurse Practitioners and several other member organizations. They were also joined by the National Council for Mental Wellbeing, academic institutions such as John Hopkins University, the Small Business & Entrepreneurship Council, the Consumer Technology Association and many others.

In the letter, they said safe access to controlled substances through telemedicine was called for in the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act.

DEA's recently proposed special telehealth registration for prescribers does not follow the SUPPORT Act's intent, "given that it proposes arbitrary and burdensome restrictions on access to telemedicine," they said.

"For example, it includes provisions that would limit patient access through requirements that a clinician provide in-person care rather than creating guardrails that more narrowly address the real-world risks of controlled substance diversion." 

THE LARGER TREND

DEA said in its Jan. 17 NOPR that it intends to offer telehealth providers three types of special registration to permit medically necessary controlled substances without an in-person visit and keep compliance with the Ryan Haight Online Pharmacy Consumer Protection Act.

The Alliance was quick to respond with concern over the proposed rulemaking language "mandating what portion of patient care can be offered through telemedicine" before appealing to the federal AG.

The American Telemedicine Association and ATA Action also took issue with the draft DEA framework's operational challenges that day and then later provided comprehensive feedback in a letter to Derek Maltz, acting DEA administrator.

"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," Kyle Zebley, ATA senior vice president of public policy and executive director of ATA Action, said in the Feb. 14 letter.

ON THE RECORD

"While we recognize the need for protections against diversion, guardrails on remote medical care must appropriately balance this risk without effectively forcing in-person care," the signatories said in their letter to Bondi.

Andrea Fox is senior editor of Healthcare IT News.
Email: afox@himss.org
Healthcare IT News is a HIMSS Media publication.