DEA nonsense

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Specializes in psych/medical-surgical.

Sorry a little bit steaming right now with the DEA. I live in TX, got my DEA here, then transferred it to WA state since it is IP practice and I want to work there. I called the DEA and they said you just need it wherever you are treating patients. OK GREAT.

I transferred to WA, the DEA said wait a minute, you need a registration in TX since you are there. I AM NOT TREATING PTS HERE. The TX DEA got ahold of me and said you need delegating a physical address where you treat patients. I AM NOT TREATING PTS HERE IN TX, I"M TRYING TO DO TELEHEALTH IN TX WITH PTS IN WA????

The DEA quoted me: 

"The Ryan Haight Act requires that practitioners prescribing by means of the Internet conduct at least one in-person medical evaluation of their patient. (21 USC. 829(e)). However, there is an exception to this requirement; if the practitioner is DEA-registered and acting within the U.S, they can be exempt from the in-person medical evaluation if the practitioner is engaged in the practice of telemedicine and in accordance with 21 USC 802(54). The remote practitioner engaged in the practice of telemedicine must be registered with DEA in the State where they are physically located and in every State where their patient(s) is (are) physically located. All records for prescribing of an FDA-approved narcotic for the treatment of opioid addiction need to be kept in accordance with 21 CFR 1304.03(c), 21 CFR 1304.21(b). "

OK FINE BUT WHAT ABOUT?

https://www.deadiversion.usdoj.gov/GDP/(DEA-DC-018)(DEA067) DEA state reciprocity (final)(Signed).pdf

Aren't these two doctrines in complete contradiction????????

 

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Specializes in Psychiatry.

Isn't it irrelevant right now since due to COVID the DEA is only requiring you to have a DEA in one state in order to prescribe controlled substances in any state? So whether it's washington or TX it will still be valid for both right?

 

Have you escalated the question to someone else?

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Specializes in Psych/Mental Health.

Frustrating. There's a lot of confusion about this. Are there any state-specific regulations from TX or WA that require you to have DEA in the state where you physically live?

I came across another post elsewhere that's also head stretching. A psych NP living in a restrictive state is only seeing patients via telepsych in a state where there is FPA. That NP was contacted by the BON telling her that she needs a supervising psychiatrist in the state where she resides even though she's not seeing any patient in that state.

I'm curious what's going to happen when pre-covid Ryan Haight goes back into effect after the public health emergency is lifted.

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Specializes in Occupational Health.
On 4/23/2021 at 6:54 PM, DrCOVID said:

Sorry a little bit steaming right now with the DEA. I live in TX, got my DEA here, then transferred it to WA state since it is IP practice and I want to work there. I called the DEA and they said you just need it wherever you are treating patients. OK GREAT.

I transferred to WA, the DEA said wait a minute, you need a registration in TX since you are there. I AM NOT TREATING PTS HERE. The TX DEA got ahold of me and said you need delegating a physical address where you treat patients. I AM NOT TREATING PTS HERE IN TX, I"M TRYING TO DO TELEHEALTH IN TX WITH PTS IN WA????

The DEA quoted me: 

"The Ryan Haight Act requires that practitioners prescribing by means of the Internet conduct at least one in-person medical evaluation of their patient. (21 USC. 829(e)). However, there is an exception to this requirement; if the practitioner is DEA-registered and acting within the U.S, they can be exempt from the in-person medical evaluation if the practitioner is engaged in the practice of telemedicine and in accordance with 21 USC 802(54). The remote practitioner engaged in the practice of telemedicine must be registered with DEA in the State where they are physically located and in every State where their patient(s) is (are) physically located. All records for prescribing of an FDA-approved narcotic for the treatment of opioid addiction need to be kept in accordance with 21 CFR 1304.03(c), 21 CFR 1304.21(b). "

OK FINE BUT WHAT ABOUT?

https://www.deadiversion.usdoj.gov/GDP/(DEA-DC-018)(DEA067) DEA state reciprocity (final)(Signed).pdf

Aren't these two doctrines in complete contradiction????????

 

Looks like the state reciprocity temp waiver granted by the DOJ applies to your situation but you must abide by the rules and regulation of whichever state has the most restrictive rules/guidelines

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Specializes in psych/medical-surgical.

Another grand down the toilet. I think the only way to get around this *** is to physically move your *** to the state you wanna work. The waiver for disaster conditions doesn't apply because both state laws trump it & require you to be registered in the state you are practicing in and the state where you reside as far as I understand.

Absolute non-sense. I'm going to buy a home once the market chills out, in 3 years when my DEA is up for renewal. And send the local office a nasty letter. I even called my local office and they didn't warn me about this...?

I require a collaborating MD in TX as well as a physical practice address where I am "treating patients" even though I will never speak to the MD and am not physcally treating pts in TX - to provide out of state care to clients in WA.

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Specializes in Psych/Mental Health.
2 hours ago, DrCOVID said:

I require a collaborating MD in TX as well as a physical practice address where I am "treating patients" even though I will never speak to the MD and am not physcally treating pts in TX - to provide out of state care to clients in WA.

This really makes no sense to me. How does one have a practice location if you're not seeing patients there? 

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Specializes in psych/medical-surgical.

Simply because the DEA requires it....?

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