DEA Moves Closer to Permanent Rules for Telehealth Prescribing of Controlled Substances

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Published Date: 10/1/2026

On August 25, 2026, the Drug Enforcement Administration (DEA) submitted a long-awaited final rule governing the prescribing of controlled substances through telemedicine to the Office of Information and Regulatory Affairs within the White House Office of Management and Budget for review. The rule follows the DEA’s January 2025 proposed rule, which received more than 6,400 public comments, and is intended to establish a permanent framework for prescribing controlled substances through telemedicine. The 2025 proposal included a “special registration” process that would allow certain DEA-registered practitioners to prescribe controlled substances through telemedicine without first conducting an in-person examination. The proposal addressed medications used to treat opioid use disorder as well as other controlled substances, including medications commonly prescribed for attention-deficit/hyperactivity disorder. For healthcare providers and organizations that rely on telehealth, the pending rule could provide greater certainty regarding the long-term ability to prescribe controlled substances remotely.

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FOR MORE INFORMATION, CONTACT:
Lani M. Dornfeld, CHPC | 973.403.3136 | dornfeld@bracheichler.com
Jonathan J. Walzman | 973.403.3120 | jwalzman@bracheichler.com
Caroline Maglaras | 973.364.5270 | cmaglaras@bracheichler.com

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.
Jonathan J. Walzman

Jonathan J. Walzman

Member
Healthcare Law, Corporate Transactions & Financial Services

973.403.3120 · 973.618.5561 Fax

Related Practices:   Healthcare Law

Related Attorney:   Lani M. Dornfeld, Jonathan J. Walzman

Related Industry:   Healthcare