Cease Fire – DEA pumps the brakes on proposed federal rule changes to Telemedicine prescriptions for Testosterone Replacement Therapy (TRT)

Recently, I wrote a blog on a proposed federal rule change that targeted those telemedicine consultations by a medical practitioner that never conducted an in-person evaluation of a patient (never seen the doctor in person)

For these types of consultations, the proposed telemedicine rules would have required the patient to see the doctor (in person) within 30 days of receiving their prescription and within 180 days if patient had been receiving their prescription prior to the new regulation. 

In other words, if you were treating through telemedicine prior to the proposed rule change you have 180 days to see the doctor and if you begin treating with a doctor after the rule change, you have 30 days to see a doctor.   

In response to these proposed changes, however, thousands made public comments to the DEA to voice their opposition to this proposal.   As a result, the DEA has decided to maintain and keep in place the full set of telemedicine flexibilities regarding prescription of controlled medications that were in place during the national health emergency will remain in place through November 11, 2023.

Further, for any doctor-patient telemedicine relationships that have been or will be established on or before November 11, 2023, the full set of telemedicine flexibilities regarding prescription of controlled medications as were in place during the pandemic will continue to be permitted via a one-year grace period through November 11, 2024.

This effectively means that if a patient and a doctor have established a telemedicine relationship on or before November 11, 2023, the same telemedicine flexibilities that governed that relationship are permitted until November 11, 2024.”

When did Testosterone & Anabolic Steroids become controlled substances? 

Our criminal defense law firm represents persons charged with various illegal drug and narcotic crimes in Pennsylvania and New Jersey.  These criminal offenses vary in severity but we often find that many of our clients charged with these criminal offenses have no prior criminal history. 

Many people charged with drug crime are not what the general public would classify as drug addicts or drug dealers.  This is especially true when it comes to controlled substances like anabolic steroids and testosterone. 

Prior to 1990, Anabolic steroids and Testosterone were not classified controlled substances but that all changed when Congress passed the Anabolic Steroid Act of 1990, with now President Joe Biden (Senator Biden (D) ) as one of the primary supporters of the new law. This Act identified anabolic steroids as a separate drug class and categorized over two dozen drugs as controlled substances.

In 2004, Congress went a step further and passed the Anabolic Steroid Control Act of 2004, which banned over-the-counter steroid precursors; increased penalties for making, selling, or possessing illegal steroid precursors; and provided funds for preventative educational efforts. 

While most people associate a drug like Testosterone with professional bodybuilding, Major League Baseball scandals and overall cheating in sports, millions of men use the drug through Testosterone Replacement Therapy (TRT) for its proven health benefits which include the following:

• Cardiovascular and Endothelial Health
• Improved Lean Muscle Mass
• Increased Bone Density and Strength
• Better Cognition and Memory
• Restored Libido and Vitality
• Enhanced Mood and Sense of Well-Being.

While doctors and pharmacists across the country often stigmatize and demonize those who utilize hormone replacement therapy, these same alleged health care providers promote drugs such as “Medical Marijuana” which, unlike Testosterone, causes impairment which directly creates a risk to the patient themselves and millions of others around, including their children.  Medical Marijuana, however, is extremely lucrative for these medical providers and dispensaries despite the ethical issues associated with it.  It is also a source of tax revenue for state governments who, unlike medical providers, have no ethical considerations.    

What would have happened with TRT received through Telemedicine under the new DEA proposal? 

Currently, men can obtain TRT therapy through online Telemedicine providers without actually going into the clinic to see a doctor in person. Prior to pandemic, those who sought treatment with any controlled substance, including testosterone, were required to see a doctor in person without exception.  During the pandemic, this “in person” medical visit requirement was lifted and a person could obtain testosterone through a telemedicine visit with a medical provider. 

The proposed rule change, however, targeted those telemedicine consultations by a medical practitioner that has never conducted an in-person evaluation of a patient (never seen the doctor in person)

Again, for these types of consultations, the proposed telemedicine rules would have required the patient to see the doctor (in person) within 30 days of receiving their prescription and within 180 days if patient had been receiving their prescription prior to the new regulation. 

In other words. if you were treating through telemedicine prior to the proposed rule change you have 180 days to see the doctor and if you begin treating with a doctor after the rule change, you have 30 days to see a doctor.   

Right now there is a cease fire to the war on men’s health and masculinity! 

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