Question:
Jennifer,
Can I still prescribe a controlled substance to a patient via telemedicine?
Dr. O
Answer:
Good question! As of now, you can but likely will not be able to come January 2026. Therefore, I suggest that before prescribing controlled substances, perform your patient evaluations in-person.
New York State recently amended its controlled substance prescribing regulations to conform to federal regulations.[1] Beginning in May 2025, the general rule is that controlled substances cannot be prescribed to a patient prior to an in-person medical evaluation.[2] However, a controlled substance may be prescribed by a practitioner, in the absence of an in-person evaluation, “through telemedicine or telehealth” as it is defined in New York’s Public Health law consistent with all applicable state laws and the laws, rules, and regulations of the Drug Enforcement Administration (DEA) and U.S Department of Justice[3].
As you may recall, in 2020, the DEA along with the Department of Health and Human Services granted an exception permitting prescribing physicians, subject to certain exceptions, to prescribe controlled substances to patients following an initial telemedicine encounter. As of January 2025, this exception was extended for a third time and will expire on December 31, 2025.[4] Therefore, federal regulations regarding initial telemedicine visits and controlled substances are still in effect until December 31st of this year. Since it is uncertain whether the federal government will grant another extension, it is best practice to perform and continue these patient evaluations in-person.
-Jennifer
Jennifer,
Can I still prescribe a controlled substance to a patient via telemedicine?
Dr. O
Answer:
Good question! As of now, you can but likely will not be able to come January 2026. Therefore, I suggest that before prescribing controlled substances, perform your patient evaluations in-person.
New York State recently amended its controlled substance prescribing regulations to conform to federal regulations.[1] Beginning in May 2025, the general rule is that controlled substances cannot be prescribed to a patient prior to an in-person medical evaluation.[2] However, a controlled substance may be prescribed by a practitioner, in the absence of an in-person evaluation, “through telemedicine or telehealth” as it is defined in New York’s Public Health law consistent with all applicable state laws and the laws, rules, and regulations of the Drug Enforcement Administration (DEA) and U.S Department of Justice[3].
As you may recall, in 2020, the DEA along with the Department of Health and Human Services granted an exception permitting prescribing physicians, subject to certain exceptions, to prescribe controlled substances to patients following an initial telemedicine encounter. As of January 2025, this exception was extended for a third time and will expire on December 31, 2025.[4] Therefore, federal regulations regarding initial telemedicine visits and controlled substances are still in effect until December 31st of this year. Since it is uncertain whether the federal government will grant another extension, it is best practice to perform and continue these patient evaluations in-person.
-Jennifer
Have a question for Jennifer? Email is best. You can reach her at Jennifer@Kirschenbaumesq.com.
