Is it a war on masculinity or really about health? What men need to know about the proposed Drug Enforcement Agency (DEA) regulation regarding Testosterone Replacement Therapy received and Telemedicine Clinics

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. 

When did Testosterone & Anabolic Steroids become controlled substances? 

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 will happen 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, targets those telemedicine consultations by a medical practitioner that has 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 require 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 are 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.   

The proposed rules do not affect:

• Telemedicine consultations that do not involve the prescribing of controlled medications.
• Telemedicine consultations by a medical practitioner that has previously conducted an in-person medical examination of a patient.

Additional resources

• Is My Prescription a Controlled Medication? Controlled-Non Controlled List (dea.gov)
• Can My Medication be Prescribed through Telemedicine?  Controlled Substance Guidance (dea.gov)

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