DEA and Ryan Haight Law

[iownmle]

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Hi All:

I hear DEA extended the exemptions to require in person visit to prescribe controlled substances. However do certain states such as NY still require in person visit one time to prescribe controlled substance?


Thanks

 

[clausewitz2]

Hi All:

I hear DEA extended the exemptions to require in person visit to prescribe controlled substances. However do certain states such as NY still require in person visit one time to prescribe controlled substance?


Thanks

Federal law does not prevent states from instituting more stringent requirements in most cases, so if NY State had that as a requirement the DEA's recent extension to December 2025 doesn't affect that per se. You probably ought to check New York State regs

 

[iownmle]

Federal law does not prevent states from instituting more stringent requirements in most cases, so if NY State had that as a requirement the DEA's recent extension to December 2025 doesn't affect that per se. You probably ought to check New York State regs

Thanks. Can someone from New York chime in?

 

[littlefred]

Federal law does not prevent states from instituting more stringent requirements in most cases, so if NY State had that as a requirement the DEA's recent extension to December 2025 doesn't affect that per se. You probably ought to check New York State regs

You know that's generally the case. But... isn't marijuana illegal at a federal level and some states laws supersede it by allowing it?

 

[clausewitz2]

You know that's generally the case. But... isn't marijuana illegal at a federal level and some states laws supersede it by allowing it?

I mean they have these laws but it doesn't actually make marijuana any more legal under federal law. It has not been an enforcement priority for the DEA for some time now but this is still why marijuana businesses often struggle to find financing. Most banks don't want to touch money related to cannabis and risk potential sanction.

Marijuana decriminalization is essentially the legislature telling state officials to look the other way. If the feds decide to take an interest in your marijuana for whatever reason your cannabis card will not save you.

 

[iownmle]

It’s really hard to figure out the specific state laws regarding telemedicine and controlled medications. Does anyone have a good way to find out?

 

[TexasPhysician]

You know that's generally the case. But... isn't marijuana illegal at a federal level and some states laws supersede it by allowing it?

I wouldn’t say that state laws supersede federal law. Federal law trumps the state. Some states are caoitalizing to collect taxes on things like marijuana while the federal government isn’t prosecuting it.

 

[littlefred]

It’s really hard to figure out the specific state laws regarding telemedicine and controlled medications. Does anyone have a good way to find out?

I would inquire to the state medical board directly.

I'm sure they will give you an educated answer, or at least I hope...given all the fees they collect from us 😎

 

[PsyDr]

https://www.dea.gov/documents/2024/2024-11/2024-11-15/dea-and-hhs-extend-telemedicine-flexibilities-through-2025

 

[clausewitz2]

https://www.dea.gov/documents/2024/2024-11/2024-11-15/dea-and-hhs-extend-telemedicine-flexibilities-through-2025

Yes that is in fact what we are talking about

 

[iownmle]

I think I can answer my own question

Following the end of the federally declared public health emergency due to COVID-19, it is necessary for New York State patients to maintain access to medically necessary controlled substance medications, including through the use of telemedicine.

Pursuant to 10 NYCRR 80.63(d)(1), no controlled substance prescription shall be issued prior to the examination of the patient by the practitioner, except in limited circumstances. Please keep in mind that this examination may be conducted through telemedicine, provided that practitioners are in compliance with the Drug Enforcement Administration (DEA) rule entitled "Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications."

In addition to this requirement, practitioners must comply with all other applicable Federal and State laws, including New York State regulations for consulting the Prescription Monitoring Program (PMP) Registry when writing prescriptions for Schedule II, III, and IV controlled substances, and the use of electronic prescribing.

 

[iownmle]

In addition I don’t know a single state that puts more stringent requirement than DEA. If anyone knows, please share