Sens. Mark Warner, D-Va., and Sheldon Whitehouse, D-R.I., are urging the Drug Enforcement Administration to extend federal telemedicine flexibilities for prescribing controlled substances before they expire Dec. 31.
In a Dec. 2 letter to DEA Administrator Terrance Cole, the senators said the policies, created during the COVID-19 public health emergency, have been life-saving for patients who depend on virtual visits to access treatment for substance use disorders, mental health conditions and chronic illnesses. Under the current extension, federal agencies have waived the in-person visit requirement for prescribing controlled substances via telehealth.
The agency has renewed the temporary rules three times since 2020, and the lawmakers said another extension is needed to prevent disruptions in care.
Mr. Warner and Mr. Whitehouse cited federal data showing that more than 48 million people ages 12 and older had a substance use disorder in 2024, including more than 7 million who misused opioids. They also pointed to research linking telemedicine services to improved retention in addiction treatment and fewer overdoses.
The senators also highlighted nationwide shortages in behavioral health providers. As of August 2024, more than 122 million people, or over one-third of the U.S. population, lived in a designated Mental Health Professional Shortage Area. Rural communities, in particular, face additional gaps in access to psychologists, clinical social workers and other clinicians.
While acknowledging the DEA’s responsibility to prevent prescription drug misuse, Mr. Warner and Mr. Whitehouse said new regulations must not create barriers to necessary, life-saving care. They noted that Congress has repeatedly directed the agency to support telemedicine prescribing through special registration pathways, including in the 2008 Ryan Haight Act and the 2018 SUPPORT Act.
The senators said extending the current rules is essential while the agency works toward final regulations that could make the flexibilities permanent.
“DEA must act soon so that patients and their providers have certainty that there will be no gap in their ongoing care,” they wrote.
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