Pallone Voices Concern That DEA’s Proposed Telemedicine Prescription Rule Could Negatively Impact Access to Care

Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) wrote to Drug Enforcement Administration (DEA) Administrator Anne Milgram today to comment on the Notices of Proposed Rulemaking related to the telemedicine prescribing of controlled substances. In the letter, Pallone notes his concern that proposed requirements for an in-person evaluation by a provider within 30 days of an initial telemedicine prescription as well as additional documentation requirements may negatively impact access to care.

"In determining the final rule, I would urge you to consider the average wait time for patient appointments with a provider. In 2022, the average patient appointment wait-time was 26 days and wait-times for patients in rural communities are likely longer. I am concerned that a 30-day deadline to see a provider in-person would cause a lapse in treatment for individuals who have received initial prescriptions and encounter a situation in which they cannot see a doctor within the one-moth deadline," Pallone wrote to Administrator Milgram. "Resulting abrupt discontinuation of important therapeutics can be harmful or even deadly. In determining a more appropriate timeframe for an in-person medical evaluation, I also urge you to work closely with the Department of Health and Human Services and its subagencies."

Pallone also noted his support for DEA's consideration of buprenorphine for opioid use disorder and encouraged consideration of a permanent extension of COVID-19 pandemic era telemedicine flexibilities for buprenorphine and buprenorphine/naloxone combinations.

"I was encouraged to see that DEA considered the efficacy of buprenorphine for opioid use disorder and its lower risks and consequences of diversion, especially in combination with naloxone, when drafting their proposed rule," Pallone continued in his letter to DEA. "Data show that the main drivers of diverted buprenorphine are consistent with therapeutic use, such as preventing withdrawal and maintaining abstinence, and that lack of access to health care and legitimate prescriptions by a doctor contributes to diverted use. However, I urge you to go further and consider a permanent extension of pandemic era telemedicine flexibilities for buprenorphine and buprenorphine/naloxone combinations. This step would be consistent with the actions Congress and the Biden Administration have taken to increase access to treatment and promote recovery for opioid use disorder."

Read the full letter HERE.