Foley Attorneys Discuss DEA Special Registration Rule in White Paper Analysis

Foley & Lardner LLP Partners Nate Beaver, Kyle Faget, Thomas (T.J.) Ferrante, and Nathaniel Lacktman have authored a white paper analysis titled “DEA Special Registration for Controlled Substance Prescribing via Telemedicine without an In-Person Medical Evaluation,” which discusses the legal authority and statutory obligation of the U.S. Drug Enforcement Administration (DEA) to promulgate regulations specifying the circumstances in which a special registration may be issued.

Their white paper is highlighted by Alliance for Connected Care, which quotes its conclusion:

“The recently released proposed rule does not satisfy DEA’s obligation as directed by the Ryan Haight Act and the SUPPORT Act to implement a telemedicine special registration process enabling practitioners to prescribe controlled substances via telemedicine without a prior, in-person medical evaluation.

The DEA has the legal authority and duty to issue rules developing a special registration permitting a practitioner to prescribe controlled substances via telemedicine without conducting an in-person medical evaluation. The DEA should use its authority to fulfill its obligations under federal law.”