DEA Submits Final Telehealth Prescribing Rule for Controlled Substances to Federal Review

The Drug Enforcement Administration submitted its final rule on telehealth prescribing of controlled substances to the Office of Management and Budget for review in September 2026, marking a significant step toward formalizing the expanded telehealth practices that emerged during the COVID-19 pandemic.

The American Psychiatric Association reported the development, calling it a critical milestone for patients who rely on telehealth to access mental health and addiction treatment. The rule would establish a special registration framework allowing qualified providers to prescribe controlled substances via telehealth without requiring an in-person visit.

During the pandemic, the DEA temporarily waived its requirement that patients see a provider in person before receiving a prescription for controlled substances. That waiver allowed millions of patients to access medications for conditions including ADHD, anxiety, depression, and opioid use disorder through video appointments.

The temporary waiver has been extended multiple times since the pandemic ended, but providers and patients have faced uncertainty about the long-term future of telehealth prescribing. The submission of a final rule to OMB signals that the DEA is moving toward a permanent framework.

Mental health advocates have pushed hard for the rule, arguing that requiring in-person visits creates barriers for patients in rural areas, those with transportation challenges, and people who face stigma around seeking mental health care in person.

Critics have raised concerns about the potential for misuse, particularly for stimulant medications used to treat ADHD. The DEA has said the final rule includes safeguards to prevent diversion and abuse.

OMB review typically takes several months. Once approved, the rule would be published in the Federal Register and take effect after a comment period.