March 31, 2020
The unprecedented public health emergency created by the novel coronavirus disease (COVID-19) has sparked action by state and federal regulators to ensure greater access to care, while simultaneously limiting the spread of COVID-19.
Federal agencies have made four key announcements as part of a national effort to increase access to controlled substances and treatment, in response to the current pandemic and in preparation for future national healthcare needs.
As long as all of these conditions are satisfied, the DEA reports that a practitioner “may issue such prescription either electronically (for schedules II-V), by calling in a schedule III-V prescription to the pharmacy, or by calling in an emergency schedule II prescription to the pharmacy.” Given that the public health emergency has been declared nationwide, there is no reason to anticipate that the Attorney General will limit the scope of the exception geographically or with respect to specific classes of drugs.
As many states also have their own rules and regulations regarding in-person or face-to-face evaluations as a prerequisite to the prescription of controlled substances, it is important to review any applicable state law provisions and engage experienced healthcare counsel prior to prescribing controlled substances, as this area of law is highly nuanced.
McGuireWoods has a dedicated team of specialists that will continue to monitor state and federal responses to COVID-19. Please contact the authors of this alert with any questions and for additional guidance on how other COVID-19 considerations may impact prescriptions and drugs. McGuireWoods has published additional thought leadership related to how companies across various industries can address crucial COVID-19-related business and legal issues.