Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice Drug Enforcement Administration 21 CFR Part 1307 [Docket No. DEA-407] RIN 1117-AB40, 1117-AB78, and 1117-ZA07 Department of Health and Human Services 42 CFR Part 12 AGENCY: Drug Enforcement Administration, Department of Justice; Substance Abuse and Mental Health Services Administration, Department of Health and Human Services. ACTION: Temporary rule. SUMMARY: The Drug Enforcement Administration (DEA) jointly with the Department of Health and Human Services (HHS) is issuing a fourth extension of telemedicine flexibilities for the prescribing of controlled medications through December 31, 2026. DATES: This rule is effective January 1, 2026 through December 31, 2026. FOR FURTHER INFORMATION CONTACT: Heather Achbach, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, VA 22152, Telephone: (571) 776-3882. SUPPLEMENTARY INFORMATION: I. Background Under the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (the Ryan Haight Act ), a prescribing practitioner—subject to certain exceptions—may remotely prescribe controlled substances to a patient (colloquially referred to as ( printed page 61302) “telemedicine”)  [ 1 ] only after conducting at least one in-person medical evaluation of that patient in the course of their practitioner-patient relationship. Once a practitioner has conducted at least one in-person medical evaluation of a particular patient, the speci…