Teleprescribing Waivers For Mental Health and Substance Abuse Disorders Extended

Advocacy
 
Published:January 07, 2026
Dan Ciolek
​In response to ongoing stakeholder advocacy efforts, the Drug Enforcement Administration (DEA) and Department of Health and Human Services (HHS) posted a fourth extension of COVID-19 telemedicine flexibilities for prescription of controlled medications, effective through December 31, 2026. The extension will continue to allow patients to receive prescriptions for controlled medications for mental health and substance abuse conditions without a prior in-person visit. Most recently, AHCA/NCAL along with over 180 provider and consumer organizations signed a letter to the DEA and the White House Office of Management and Budget (OMB) on December 5, 2025, requesting the waiver extension.  

The HHS press release notes that the additional waiver extension gives DEA and HHS additional time to finalize permanent regulations, including the proposed Special Registration for Telemedicine, which would establish clear standards for prescribing controlled substances via telemedicine while preserving patient safety and preventing misuse. HHS indicated that the waiver extension would prevent disruptions in care, noting that “Past expirations of telemedicine policies have resulted in sharp declines in access, including a 24 percent drop in fee-for-service telemedicine visits following the lapse of Medicare telehealth flexibilities in September 2025.”  

This past March, AHCA/NCAL opposed the proposed rule as being too cumbersome and would result in reduced access to care for the most vulnerable – including those with emergent conditions in locations with limited to no immediate in-person access to qualified prescribers.