January 5, 2026
By Jocelyn Jaime, MA
Project Coordinator, California Telehealth Resource Center
Effective January 1 – December 31, 2026
New Development
The DEA and HHS have issued a fourth one-year extension of pandemic-era telehealth flexibilities for prescribing controlled medications. These flexibilities remain under the same requirements as previous extensions.
Why This Matters
This extension means clinicians can continue prescribing Schedule II–V controlled substances via telehealth without an initial in-person evaluation for the entire year of 2026. It also allows audio-only telehealth for opioid use disorder treatment
Key takeaway
No immediate return to Ryan Haight Act restrictions. DEA and HHS are using this time to finalize permanent rules.
Historical Context
Pre-Pandemic Era (Before 2020)
- Under the Ryan Haight Act, an in-person medical evaluation was required before prescribing controlled substances via telehealth.
- Audio-video telehealth was allowed only after the first in-person visit; audio-only was prohibited.
- Buprenorphine prescribing followed the same restrictions.
Pandemic Era (2020 – Dec 31, 2025)
- Emergency flexibilities allowed clinicians to prescribe Schedule II–V controlled substances via audio-video telehealth without an initial in-person visit.
- Audio-only telehealth was permitted for buprenorphine treatment for opioid use disorder.
Current Rule: Fourth Extension (Jan 1 – Dec 31, 2026)
- Schedule II–V Controlled Substances: Prescribing via interactive audio-video telehealth for new or existing patients without prior in-person evaluation.
- Audio-only Telehealth: Permitted for Schedule III–V narcotic medications approved for opioid use disorder treatment, also without an in-person requirement.
- Purpose: Provides DEA and HHS additional time to finalize permanent regulations.
Interaction with Buprenorphine Final Rule
- The buprenorphine final rule (effective Dec 31, 2025) remains in place.
- Practitioners may use the broader flexibilities under this extension unless they choose to follow the more specific requirements of the buprenorphine rule.
Deadline
Key Takeaways:
- Telehealth flexibilities for controlled substances prescribing extended through 2026.
- No in-person evaluation required for Schedule II–V prescribing via audio-video telehealth.
- Audio-only telehealth remains permitted for opioid use disorder treatment.
- Permanent DEA telehealth rules anticipated before end of 2026.
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