100 signatures reached
To: Gov. Ron DeSantis and Dr. Scott Rivkees
Renewal of Florida DOH Emergency Order 20-004 to Continue Telehealth Waivers
We are writing this letter to encourage you to extend and open up the restrictions on prescribing controlled substances via telehealth during the COVID-19 public health emergency as we believe they are necessary to optimize patient safety and are not in-line with the current Federal waivers issued by the DEA.
Why is this important?
The Department of Health’s Emergency Order 20-002 (renewed by Emergency Order 20-004), ONLY allows controlled substance prescribing practitioners, to issue RENEWAL prescriptions for Schedule II–IV controlled substances via telehealth, for existing patients being treated for chronic non-malignant pain. The current options for practitioners in Florida for prescribing controlled substances via telehealth are extremely limited and are forcing these patients to facet-to-face visits, which defeats the purpose of keeping patients at home.
As of March 16, 2020, and continuing for as long as the COVID-19 public health emergency remains in effect, DEA-registered practitioners in all areas of the United States may issue prescriptions for all schedule II-V controlled substances to patients for whom they have not conducted an in-person medical evaluation, provided all of the following conditions are met:
• The prescription is issued for a legitimate medical purpose by a practitioner acting in the usual course of his/her professional practice;
• The telemedicine communication is conducted using an audio-visual, real-time, two-way interactive communication system; and
• The practitioner is acting in accordance with applicable Federal and State laws.
The following are some common examples where licensed physicians in an office setting who practice in other states are able to follow the DEA’s policy and prescribe controlled substances via telehealth, but Florida physicians are not able to do so:
1. Refill of a prescription for a controlled substance for a patient transferred from another physician.
2. Refill of a prescription for a controlled substance for an existing patient being treated for a purpose other than chronic non-malignant pain.
3. Issue a new prescription for a controlled substance for an existing patient.
4. Change the dosage of an existing prescription for a controlled substance for an existing patient.
5. Issue a prescription for a controlled substance for a new patient.
We recommend the Florida DOH considers adopting the DEA’s policy in an Emergency Order. We also recommend that these policies continue as long as the public health emergency continues.
Sincerely,
Elizabeth Shaw, Esq.
Rez Legal
The Board of the Florida Society of Pain and Neuroscience
Nomen Azeem, MD
President
Michael Hanes, MD
President-elect
Michael Esposito, MD
Treasurer
Navdeep Jassal, MD
Secretary
Miguel Atias, MD
Executive Director
Ajay Antony, MD
Executive Director
As of March 16, 2020, and continuing for as long as the COVID-19 public health emergency remains in effect, DEA-registered practitioners in all areas of the United States may issue prescriptions for all schedule II-V controlled substances to patients for whom they have not conducted an in-person medical evaluation, provided all of the following conditions are met:
• The prescription is issued for a legitimate medical purpose by a practitioner acting in the usual course of his/her professional practice;
• The telemedicine communication is conducted using an audio-visual, real-time, two-way interactive communication system; and
• The practitioner is acting in accordance with applicable Federal and State laws.
The following are some common examples where licensed physicians in an office setting who practice in other states are able to follow the DEA’s policy and prescribe controlled substances via telehealth, but Florida physicians are not able to do so:
1. Refill of a prescription for a controlled substance for a patient transferred from another physician.
2. Refill of a prescription for a controlled substance for an existing patient being treated for a purpose other than chronic non-malignant pain.
3. Issue a new prescription for a controlled substance for an existing patient.
4. Change the dosage of an existing prescription for a controlled substance for an existing patient.
5. Issue a prescription for a controlled substance for a new patient.
We recommend the Florida DOH considers adopting the DEA’s policy in an Emergency Order. We also recommend that these policies continue as long as the public health emergency continues.
Sincerely,
Elizabeth Shaw, Esq.
Rez Legal
The Board of the Florida Society of Pain and Neuroscience
Nomen Azeem, MD
President
Michael Hanes, MD
President-elect
Michael Esposito, MD
Treasurer
Navdeep Jassal, MD
Secretary
Miguel Atias, MD
Executive Director
Ajay Antony, MD
Executive Director