Since March 31, 2023, CMS has extended the prescribing of controlled medications via telemedicine, authorizing physicians to prescribe schedule II–V controlled medications via audio-video telemedicine encounters, provided that such prescriptions otherwise comply with the requirements outlined in DEA guidance documents, DEA regulations, and applicable Federal and State law. This includes schedule III–V narcotic controlled medications approved by the Food and Drug Administration (FDA) for maintenance and withdrawal management treatment of opioid use disorder via audio-only telemedicine encounters. A second temporary rule has been issued that further extends such exceptions to existing DEA regulations for new practitioner-patient relationships through December 31, 2024. Any and all new information regarding this issue will be shared when available.
Remember, Florida law (F.S. 456.47) permanently allows for prescribing schedule III-V drugs via telehealth in Florida, but prohibits prescribing Schedule II controlled substances unless an exception is met:
1. The treatment of a psychiatric disorder
2. Inpatient treatment at a hospital licensed under chapter 20 395
3. The treatment of a patient receiving hospice services as defined in s. 400.601
4. The treatment of a resident of a nursing home facility as defined in s. 400.021