HHS, DEA Extends Telemedicine Flexibilities for Prescribing Controlled Medications Through 2026

January 9, 2026

Federal Agencies Extend Telemedicine Prescribing Flexibilities Through 2026

Federal regulators recently announced a fourth temporary extension of telemedicine flexibilities. The U.S. Department of Health & Human Services and the Drug Enforcement Agency have granted prescribers the ability to prescribe controlled substances through telemedicine appointments that do not include an initial in-person evaluation. The extension maintains current prescribing practices through the end of 2026.


What This Means for Prescribers


Physicians can continue prescribing controlled medications via telehealth under the same conditions that have been in place since the COVID-19 public health emergency. The fourth consecutive temporary extension prevents an abrupt return to pre-pandemic requirements that would have taken effect January 1, 2026.


Federal Data Shows High Reliance


Federal data indicate significant reliance on these flexibilities across medical specialties. More than 7 million controlled substance prescriptions were issued through telemedicine without prior in-person visits in 2024 alone. Patient populations most affected by these policies include those receiving treatment for mental health conditions and substance use disorder, as well as seniors, rural patients, and individuals with disabilities.


Impact of Policy Lapses


Previous expirations of telemedicine policies have resulted in measurable access reductions. When Medicare telehealth flexibilities expired in September 2025, fee-for-service telemedicine visits declined by 24 percent, according to federal agency analysis.


Permanent Regulations in Development


The extension provides additional time for DEA and HHS to complete permanent rulemaking. Proposed regulations include a Special Registration for Telemedicine that would establish ongoing standards for controlled substance prescribing through virtual care delivery. The agencies have indicated these permanent rules will address both patient access and safeguards against misuse.


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