AG Nessel Joins Multistate Effort Urging DEA to Extend Telehealth Capabilities for Opioid Use Disorder Treatment

LANSING — Michigan Attorney General Dana Nessel is joining Florida Attorney General Ashley Moody, North Carolina Attorney General Josh Stein and 42 other attorneys general to urge the Drug Enforcement Administration and Substance Abuse and Mental Health Services Administration (SAMHSA) to permanently extend telehealth flexibilities for prescribing buprenorphine , an opioid use disorder treatment. Buprenorphine is one of three medications approved by the Food and Drug Administration (FDA) to treat patients suffering from addiction. During the COVID-19 pandemic, the FDA allowed doctors to use telehealth services to prescribe the medication, but the rule allowing buprenorphine to be prescribed virtually is set to expire once the COVID-19 public health emergency ends.

The United States is in the grips of an opioid crisis, with more than 75,000 Americans overdosing on those substances last year alone. State attorneys general are on the front lines fighting the crisis to protect Americans from deadly synthetic opioids like fentanyl. Interdiction efforts alone will not end the crisis; therefore, attorneys general are asking that this treatment remain easily available for those in need.

“Responding to the opioid crisis during the pandemic has required health care providers to be flexible in their treatment and prescription options.” Nettle said. “Many of those struggling with opioid use disorder reside a great distance from the closest provider. The effects of this ongoing public health crisis have been too great not to extend this needed flexibility in using telehealth services. I am proud to stand with my colleagues in asking DEA and SAMHSA to allow providers to permanently waive the requirement of an in-person visit before prescribing buprenorphine for opioid use disorder.”

As a condition of the COVID-19 public health emergency, in March 2020 the DEA allowed audio-visual telemedicine services to prescribe all Schedule II-V controlled substances, including buprenorphine. Without the proposed permanent extension, the current expiration of the public health emergency could cut off an estimated 2.5 million US adults who utilize the opioid use disorder treatment.

In a letter to head DEA and SAMHSA officials, led by Attorney General Moody and Attorney General Stein, the attorneys general highlight how the existing flexibilities are critical to linking individuals with opioid use disorder to care. The attorneys general state: “The number of patients receiving buprenorphine as treatment…increased significantly when telehealth flexibilities were allowed…it also improved retention in care and reduced the odds of overdose for individuals prescribed buprenorphine via telehealth for opioid use disorder treatment.”

The current allowance for telehealth services also expands access to buprenorphine to patients who may have previously struggled to receive the medication. The attorneys general state: “An estimated 28 million Americans live more than 10 miles and about 3 million live over 30 miles from a buprenorphine provider. Today, the delivery of care for buprenorphine treatment has shifted significantly to telehealth, making it more accessible than ever for individuals to access the treatment they need.”

The attorneys general of the following states and territories signed on to the letter led by Florida and North Carolina: Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Guam, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky , Louisiana, Maine, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

To read the full letter, click here.



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