The COVID Project
The record
- Jurisdiction
- United States (federal); Drug Enforcement Administration, Diversion Control Division
- Level
- Federal
- Authority
- 21 U.S.C. 802(54)(D) (telemedicine during a section 319 public health emergency, as designated by the Secretary with the concurrence of the Administrator); 21 U.S.C. 829(e) (Ryan Haight Act)
- Issued
- 2020-03-16 Mar. 16, 2020
- Effective
- 2020-03-16
- End
- Extended past the PHE by 88 Fed. Reg. 30037 (May 10, 2023) and successor temporary rules (read as 2023-05-10)
- In force
- Mar. 16, 2020 to May 10, 2023
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Telework mandateHealth care ordersOther
- Addressees
- DEA-registered practitioners
- pharmacies
- Functions reached
- TM telehealth
- CL clinical intake without in-person evaluation
- PR procedures and visits
- CB patients
- Collection
- Other federal health agencies AGY-FED-HEALTH-OTHER
Operative words
On March 16, 2020, the Secretary, with the concurrence of the Acting DEA Administrator, designated that the telemedicine allowance under section 802(54)(D) applies to all schedule II-V controlled substances in all areas of the United States.... Provided the practitioner satisfies the above requirements, the practitioner may issue the prescription using any of the methods of prescribing currently available and in the manner set forth in the DEA regulations.
Enforcement
Prescriptions outside the allowance remain unlawful under 21 U.S.C. 829(e) and 841-843
Notes
The controlled-substance half of the compelled telehealth substitute; reached every prescribing practice, behavioral-health provider, hospital and pharmacy.