Healthcare Law Alert | Deck the Halls with Compliance: New Year, New Training Requirement for DEA-Registered Practitioners

December 21, 2023

As the holiday season shimmers with festive lights and joy, there’s more than just tinsel and carols making waves in the professional realms of healthcare. In the spirit of giving, the Consolidated Appropriations Act of 2023 gifted Drug Enforcement Administration (DEA)-registered practitioners (doctors, NPs, and alike) with a unique present—an unmissable one-time, eight-hour training requirement!

On December 29, 2022, the Consolidated Appropriations Act of 2023 enacted a new one-time, eight-hour training requirement for all Drug Enforcement Administration (DEA)-registered practitioners on the treatment and management of patients with opioid or other substance use disorders. Beginning June 27, 2023, all DEA-registered practitioners, except veterinarians, must affirm their completion of the training by checking a box on their online DEA registration form. The deadline for completing the training is the date of their next scheduled DEA registration submission on or after June 27, 2023. Importantly, this one-time training requirement affirmation will not be included in future registration renewals.

There are multiple ways for practitioners to satisfy this training requirement. Practitioners can satisfy the training requirement by participating in a total of eight hours of training on the treatment and management of patients with opioid or other substance use disorders. This training can be accumulated through multiple sessions and can include past trainings completed before the enactment of this new requirement. Past DATA-Waived trainings are also counted towards the eight-hour training requirement. Training sessions can be conducted in various formats, including classroom settings, seminars at professional society meetings, or virtual offerings.

Additionally, two groups of practitioners are considered to have already fulfilled the training. Group 1 includes practitioners certified in addiction medicine or addiction psychiatry by the American Board of Medical Specialties, the American Board of Addiction Medicine, or the American Osteopathic Association. Group 2 comprises practitioners who graduated in good standing from a medical, dental, physician assistant, or advanced practice nursing school in the United States within five years of June 27, 2023, and completed a comprehensive curriculum that included at least eight hours of training on substance use disorder treatment and management.

To ensure quality and accreditation, various organizations like the American Medical Association and the American Association of Nurse Practitioners are approved to provide trainings that meet the new requirement.

For additional information regarding the posting of standard charges or any other ASC-specific matter, please contact Isabelle Bibet-Kalinyak, Esq. at IBK@Bracheichler.com or (973) 403-3131.

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This alert is intended for informational and discussion purposes only. The information contained in this alert is not intended to provide, and does not constitute legal advice or establish the attorney/client relationship by way of any information contained herein. Brach Eichler LLC does not guarantee the accuracy, completeness, usefulness or adequacy of any information contained herein. Readers are advised to consult with a qualified attorney concerning the specifics of a particular situation.