[Federal Register Volume 90, Number 55 (Monday, March 24, 2025)]
[Rules and Regulations]
[Pages 13410-13412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05007]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1306

[Docket No. DEA-948; DEA-407VA]
RIN 1117-AB78; 1117-AB40; 1117-AB88

DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 12


Expansion of Buprenorphine Treatment via Telemedicine Encounter 
and Continuity of Care via Telemedicine for Veterans Affairs Patients

AGENCY: Drug Enforcement Administration, Department of Justice; 
Substance Abuse and Mental Health Services Administration, Department 
of Health and Human Services.

ACTION: Final rule.

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SUMMARY: In the January 17, 2025, issue of the Federal Register, the 
Drug Enforcement Administration and the Department of Health and Human 
Services published two final rules related to the practice of 
telemedicine, titled ``Expansion of Buprenorphine Treatment via 
Telemedicine Encounter'' and ``Continuity of Care via Telemedicine for 
Veterans Affairs Patients.'' These final rules were originally 
scheduled to become final on February 18, 2025. In accordance with the 
Presidential Memorandum of January 20, 2025, titled ``Regulatory Freeze 
Pending Review,'' the Drug Enforcement Administration and the 
Department of Health and Human Services delayed the effective dates of 
these two final rules to March 21, 2025, by issuing a final rule; delay 
of effective dates and request for comments in the February 19, 2025, 
issue of the Federal Register. The Drug Enforcement Administration 
received 32 comments in response to the request for public comments 
regarding the delayed effective date. Considering these comments, the 
Department of Justice wishes to further postpone the effective dates 
for the purpose of further reviewing any questions of fact, law, and 
policy that the rules may raise. Therefore, the Drug Enforcement 
Administration and the Department of Health and Human Services will 
delay the effective date of the two final rules titled ``Expansion of 
Buprenorphine Treatment via Telemedicine Encounter'' and ``Continuity 
of Care via Telemedicine for Veterans Affairs Patients'' to December 
31, 2025.

DATES: As of March 20, 2025, the effective dates of the final rules 
amending 21 CFR part 1306 and 42 CFR part 12 published in the Federal 
Register on January 17, 2025, at 90 FR 6504 and 90 FR 6523, 
respectively, are effective December 31, 2025.

FOR FURTHER INFORMATION CONTACT: Heather Achbach, Regulatory Drafting 
and Policy Support Section, Diversion Control Division, Drug 
Enforcement Administration; Telephone: (571) 776-3882.

SUPPLEMENTARY INFORMATION: 

Discussion

    On January 17, 2025, the Drug Enforcement Administration (DEA) and 
the Department of Health and Human Services (HHS) published two final 
rules titled ``Expansion of Buprenorphine Treatment via Telemedicine 
Encounter'' (90 FR 6504) and ``Continuity of Care via Telemedicine for 
Veterans Affairs Patients'' (90 FR 6523). These rules, respectively, 
amended their regulations to expand the circumstances under which: (1) 
practitioners registered by DEA are authorized to prescribe schedule 
III-V controlled substances approved by the Food and Drug 
Administration for the treatment of opioid use disorder via a 
telemedicine encounter, including an audio-only telemedicine encounter 
\1\ and (2) Department of Veterans Affairs practitioners acting within 
the scope of their Veterans Affairs employment are authorized to 
prescribe schedule II-V controlled substances via telemedicine to a 
Veterans Affairs patient with whom they have not conducted an in-person 
medical evaluation, if another Veterans Affairs practitioner has, at 
any time, previously conducted an in-person medical evaluation of the 
Veterans Affairs patient, subject to certain conditions.\2\
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    \1\ 90 FR 6504 (Jan. 17, 2025).
    \2\ 90 FR 6523 (Jan. 17, 2025).
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    On January 20, 2025, the President of the United States issued a 
memorandum to all executive departments and agencies titled 
``Regulatory Freeze

[[Page 13411]]

Pending Review'' (the Freeze Memo).\3\ Paragraph 3 of the Freeze Memo 
ordered agencies to ``consider postponing for 60 days from the date of 
this memorandum the effective date for any rules that have been 
published in the Federal Register, or any rules that have been issued 
in any manner but have not taken effect, for the purpose of reviewing 
any questions of fact, law, and policy that the rules may raise.'' The 
purpose of this delay was ``to allow interested parties to provide 
comments about issues of fact, law, and policy raised by the rules 
postponed under this memorandum, and consider reevaluating pending 
petitions involving such rules.'' In accordance with the Freeze Memo, 
DEA and HHS published a final rule; delay of effective dates and 
request for comment in the February 19, 2025, issue of the Federal 
Register.\4\
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    \3\ 90 FR 8249 (Jan. 28, 2025).
    \4\ 90 FR 9841 (Feb. 19, 2025).
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    In the preamble to that rule, DEA explained that the ``new 
effective dates will not delay or limit the ability of the 
practitioners covered by these two rules to prescribe via telemedicine, 
because the `Temporary Extension of COVID-19 Telemedicine Flexibilities 
for Prescription of Controlled Medications,' which has been in effect 
since May 10, 2023, permits practitioners to prescribe via telemedicine 
through December 31, 2025.'' \5\ In addition, this delay allowed 
Department of Justice (DOJ) and HHS officials further opportunity to 
review any potential questions of fact, law, and policy raised by those 
two final rules.
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    \5\ 90 FR 9841, 98842 (citing 88 FR 30037 (May 10, 2023), as 
extended by 88 FR 30037 (May 10, 2023) and 89 FR 91253 (Nov. 19, 
2024)).
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    DEA solicited public comment regarding the delayed effective dates 
of these two final rules. DEA also solicited public comment on whether 
there may be a need for their effective dates to be extended beyond the 
new effective date of March 21, 2025, and to address issues of fact, 
law, and policy raised by these rules, for consideration by officials 
of the two agencies. DEA received a total of 32 comments. Of the 32 
comments received, three commenters specifically requested a further 
delay in the effective date of the two final rules and 13 commenters 
requested that the final rules become effective as soon as possible. 
Since a new effective date will not delay or limit the ability of the 
practitioners covered by these two rules to prescribe via telemedicine, 
because the `Temporary Extension of COVID-19 Telemedicine Flexibilities 
for Prescription of Controlled Medications permits practitioners to 
prescribe via telemedicine through December 31, 2025, and to allow DOJ 
additional time to further review any questions of fact, law, and 
policy that the rules may raise, DEA and HHS will further delay the 
effective date of the two final rules published in the January 17, 
2025, issue of the Federal Register, titled ``Expansion of 
Buprenorphine Treatment via Telemedicine Encounter'' \6\ and 
``Continuity of Care via Telemedicine for Veterans Affairs Patients'' 
\7\ to December 31, 2025. This document finalizes the delayed effective 
date of these final rules to December 31, 2025.
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    \6\ 90 FR 6504 (Jan. 17, 2025).
    \7\ 90 FR 6523 (Jan. 17, 2025).
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Comments Received

    DEA received 32 comments in response to the request for comments 
regarding the effective date of the two final rules in the January 17, 
2025, issue of the Federal Register, titled ``Expansion of 
Buprenorphine Treatment via Telemedicine Encounter'' \8\ and 
``Continuity of Care via Telemedicine for Veterans Affairs 
Patients''.\9\ Of these comments, 13 commenters requested to finalize 
the effective date of the two final rules as soon as possible, which 
was scheduled to be March 21, 2025.
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    \8\ 90 FR 6504 (Jan. 17, 2025).
    \9\ 90 FR 6523 (Jan. 17, 2025).
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    Three commenters explicitly requested that the effective date be 
delayed beyond March 21, 2025; however, these comments did not provide 
an alternative effective date for these two final rules. Four 
commenters generally agreed with the final rules without specifying a 
preference with respect to their effective dates. Eleven commenters 
expressed concerns unrelated to the effective date. One commenter 
provided general comments but did not respond with respect to the 
delayed effective date.
    Based on the foregoing reasons, DEA and HHS are further delaying 
the effective date of the two final rules published in the January 17, 
2025, issue of the Federal Register titled ``Expansion of Buprenorphine 
Treatment via Telemedicine Encounter'' \10\ and ``Continuity of Care 
via Telemedicine for Veterans Affairs Patients'' \11\ to December 31, 
2025.
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    \10\ 90 FR 6504 (Jan. 17, 2025).
    \11\ 90 FR 6523 (Jan. 17, 2025).
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Regulatory Analyses

    Change to the effective date of these final rules does not affect 
the economic impact calculated in the final rules. Per Office of 
Management and Budget (OMB) Circular A-4, analysis is conducted on a 
time frame which includes all important benefits and costs, and such 
time frame generally begins at the point when the final rule is 
expected to begin to have effects.\12\ No portion of the analysis 
conducted in these final rules was dependent on the original effective 
date, and therefore the change in the time frame does not change any 
part of the analysis.
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    \12\ OMB Circular A-4, section 3(b): ``The time frame for your 
analysis should include a period before and after the date of 
compliance that is long enough to encompass all the important 
benefits and costs likely to result from the regulation. A logical 
beginning point for your stream of estimates would be the point in 
which the regulation will begin to have effects. . .''
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Executive Orders 12866 and 13563 (Regulatory Review)

    The change to the effective date has no change on the analysis 
conducted in this section in these two rules. This document merely 
effectuates a limited delay in the effective dates of two rules, 
previously scheduled to take effect March 21, 2025. There is no change 
to the substance of these two final rules.

Regulatory Flexibility Act

    The change to the effective date has no change on the analysis 
conducted in this section in the final rules.

Paperwork Reduction Act of 1995

    The change to the effective date has no change on the analysis 
conducted in this section in the final rules.

Executive Order 12988, Civil Justice Reform

    This document meets the applicable standards set forth in sections 
3(a) and 3(b)(2) of E.O. 12988 to eliminate drafting errors and 
ambiguity, minimize litigation, provide a clear legal standard for 
affected conduct, and promote simplification and burden reduction.

Executive Order 13132, Federalism

    This document does not have federalism implications warranting the 
application of E.O. 13132. The document does not have substantial 
direct effects on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    DEA and HHS are committed to the principles of collaboration and 
consultation with Tribal governments, as demonstrated through its plans 
to

[[Page 13412]]

conduct the appropriate Executive Order 13175 Tribal consultations and 
recognizes the significance of these consultations and their role in 
shaping regulations that impact Tribal communities. Relevant issues 
regarding Tribal Consultation were discussed in the two final rules 
published on January 17, 2025.

Unfunded Mandates Reform Act of 1995

    The estimated annual impact of this notice is minimal. Thus, DEA 
and HHS have determined in accordance with the Unfunded Mandates Reform 
Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.) that this action would not 
result in any Federal mandate that may result in the expenditure by 
State, local, and Tribal governments, in the aggregate, or by the 
private sector, of $100,000,000 or more (adjusted for inflation) in any 
one year. Therefore, neither a Small Government Agency Plan nor any 
other action is required under provisions of UMRA.

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
March 19, 2025, by Acting Administrator Derek Maltz. That document with 
the original signature and date is maintained by DEA. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DEA Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of DEA. This administrative process in no way alters the legal effect 
of this document upon publication in the Federal Register.

Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2025-05007 Filed 3-20-25; 4:15 pm]
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