News Summary
The New York State Department of Health has revised its telemedicine prescription regulations to align with federal guidelines, allowing some exceptions to in-person evaluations. This change aims to improve patient safety while addressing the opioid crisis amid rising telemedicine use. While certain narcotics cannot be prescribed solely through telemedicine, the new rules offer flexibility for patients with prior in-person visits and emergencies, as the complexities of opioid management remain critical in healthcare.
New York City – The New York State Department of Health (NYSDOH) has updated its regulations regarding the prescription of certain medications via telemedicine, aligning these rules with federal guidelines on controlled substances. This significant development is aimed at improving patient safety and enhancing cooperation between state and federal authorities in managing opioid prescriptions.
The previous regulations, governed by the 2008 amendment to the Controlled Substances Act, prohibited the online dispensing of controlled substances without a valid prescription. This federal legislation, known as the Ryan Haight Online Pharmacy Consumer Protection Act, was put in place following the overdose death of Ryan Haight in 2001, highlighting the critical need for stricter controls on the use of prescription medications.
Under the new NYSDOH rule, certain exceptions are now permitted, easing the previous requirement that mandated in-person evaluations before prescribing controlled substances. Specifically, these exceptions include patients who have had an in-person visit within the past 12 months, temporary coverage by practitioners who can communicate with the original prescriber, and situations involving emergencies that pertain to new medical conditions. However, the updated regulations also clarify that Schedule II controlled substances and certain narcotic Schedule III-V substances cannot be prescribed solely through telemedicine consultations.
The expansion of telemedicine prescriptions is timely, given that the federal Drug Enforcement Administration (DEA) has continuously extended pandemic-era exceptions to the Ryan Haight Act several times since 2020, with the latest extension occurring in November 2024. This has occurred despite the formal conclusion of the public health emergency, underscoring the ongoing need for flexibility in prescribing practices.
Experts assert that the alignment of state regulations with federal standards is vital for improving the regulation of telemedicine prescriptions. By clarifying the rules, healthcare providers are expected to better mitigate the risks of opioid dependency while promoting patient safety. This alignment is particularly pertinent as the use of telemedicine has surged, partially as a response to the pandemic, and the need for a clear regulatory framework has never been more critical.
Despite these advancements, the requirements for liability in telemedicine prescribing remain stringent. Legal experts have warned about the malpractice risks that can arise from such practices. It is essential for providers to navigate the complexities of telemedicine regulations carefully while considering the inherent risks associated with prescribing medications online.
Importantly, the finalized NYSDOH rule does not require healthcare providers to make immediate changes, as telemedicine prescribing is still permissible under existing federal waivers. There is, however, ongoing uncertainty regarding the introduction of a definitive federal rule from the DEA, which is anticipated before January 1, 2026. Many experts believe there may be further extensions to the current waivers, thus maintaining the flexible prescribing guidelines that have emerged during the pandemic.
The changes made by NYSDOH are a crucial step in balancing access to necessary medications while ensuring patient safety and addressing the opioid crisis. By providing healthcare providers with a clear framework for prescribing through telemedicine, the state aims to promote public health and enhance the management of controlled substances across New York.
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Additional Resources
- Long Island Business News: New York Aligns Telemedicine Opioid Rules with DEA
- Wikipedia: Telemedicine
- Nixon Peabody: New York State Finalizes Telemedicine Rule for Controlled Substances
- Google Search: Telemedicine Controlled Substances
- Stat News: Telehealth Adderall and Buprenorphine DEA Rules
- Google Scholar: Telemedicine Opioids
- New York Times: Opioid Telemedicine and COVID
- Encyclopedia Britannica: Telehealth
- New York Post: DOJ Takes Down $14.6 Billion Healthcare Fraud Scheme
- Google News: Healthcare Fraud
Author: STAFF HERE NEW YORK WRITER
NEW YORK STAFF WRITER The NEW YORK STAFF WRITER represents the experienced team at HERENewYork.com, your go-to source for actionable local news and information in New York, the five boroughs, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as New York Fashion Week, Macy's Thanksgiving Day Parade, and Tribeca Film Festival. Our coverage extends to key organizations like the Greater New York Chamber of Commerce and United Way of New York, plus leading businesses in finance and media that power the local economy such as JPMorgan Chase, Goldman Sachs, and Bloomberg. As part of the broader HERE network, including HEREBuffalo.com, we provide comprehensive, credible insights into New York's dynamic landscape.
