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How does the New DEA Proposed Regulation Affect Curio Members Receiving or Seeking Ketamine Treatment?

The United States Drug Enforcement Administration (DEA) has proposed a new rule for telemedicine prescription of controlled substances, which may have significant implications for individuals who require controlled substances for medical treatment. Here are some key points for laypeople to understand.

The proposed DEA rule would allow medical practitioners to prescribe controlled substances through telemedicine without an in-person examination, provided certain criteria are met. However, practitioners must still adhere to all applicable state and federal laws, follow best practices for prescribing and monitoring the use of controlled substances, and conduct an in-person examination if necessary1.

If you’re interested in diving more into the details, we wrote more on this topic here.

Additional Regulations: The Ryan Haight Act

In addition to the proposed DEA rule, the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 imposes additional regulations on the prescription of controlled substances via telemedicine. The Ryan Haight Act requires that practitioners be licensed in the state where the patient is located, conduct a valid medical evaluation, and ensure proper record keeping and monitoring2.The restrictions posed by the Ryan Haight Act were temporarily paused during the COVID Public Health Emergency, but will be reenacted after the grace period as defined by the finalized DEA rule.

Implications for Curio Members

Curio is dedicated to providing safe and effective treatment to all members and is committed to following all applicable laws and regulations related to telemedicine and controlled substance prescriptions3. For Curio members who require ketamine treatment, rest assured that we are paying close attention to the changing regulations and adjusting our policies and processes to both align with the law and create a seamless experience for our members.

Should the proposed rule be finalized in a similar form, as we expect, this means we can prescribe a 30-day ketamine supply (typically 2-4 sessions worth) to our members without an in-person physician exam. We have a new process going into place where we can help members find in-person physicians to help conduct these exams and refer them properly to our clinic.

Additionally, we have always been dedicated to make every ketamine treatment session count. Our existing Psychedelic-Assisted Coaching Treatment (PACT) protocols already include optimized preparation, guidance, and integration sessions far beyond what is typical in many other clinics. We offer 1:1 education, navigation, guidance, and coaching as needed throughout and long after the process of ketamine treatment. What this means is even a single month of ketamine treatment with us can produce great positive outcomes that we help prolong with our supportive services. For those who do require further ketamine treatment, we work closely with our vetted partners to create seamless referrals or continued ketamine prescription.

Ensuring Safe and Effective Treatment

It is important for medical practitioners and patients to work together to ensure safe and effective treatment. Practitioners must adhere to all applicable laws and regulations related to telemedicine and controlled substance prescription, and patients must follow their prescribed treatment plan and report any concerns or side effects.

Conclusion

The proposed DEA rule for telemedicine prescription of controlled substances has significant implications for medical practitioners and individuals who require controlled substances for medical treatment. Curio is committed to providing safe and effective treatment to all members and is dedicated to following all applicable laws and regulations related to telemedicine and controlled substance prescription.

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References:

  1. United States Drug Enforcement Administration. (2023). Telemedicine prescribing of controlled substances when the practitioner and the patient have not had a prior in-person medical evaluation. Retrieved from https://www.dea.gov/sites/default/files/2023-02/Telemedicine (DEA407).pdf
  2. Ryan Haight Online Pharmacy Consumer Protection Act of 2008, 21 U.S.C. §§ 802, 829, 841(a), 842(a)(1)(A), 1301, 1302, 1306, 1307, 1311, 1312, 1319, 1341 (2008). https://www.congress.gov/110/plaws/publ425/PLAW-110publ425.pdf
  3. Curio. (n.d.). Home. Retrieved from https://joincurio.com

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