Janet Yager DNP ( NPI 110413306) DEA-registered healthcare worker in the physical presence of the patient during a telemedicine encounter. The Ryan Haight Act also authorizes the Administrator, in conjunction with the Secretary of Health and Human Services (“Secretary”), to promulgate rules that would allow practitioners to treat patients via telemedicine without having had an in-person evaluation in certain circumstances, including where such telemedicine practice is in accordance with applicable Federal and State laws, uses an approved telecommunications system, and is “conducted under . . . circumstances that the Attorney General and the Secretary have jointly, by regulation, determined to be consistent with effective controls against diversion and otherwise consistent with the public health and safety.”  (5) Pursuant to this authority, and in concert with the Department of Health and Human Services (“HHS”), DEA and HHS are hereby proposing to amend 21 CFR parts 1300, 1304, and 1306 to specify the circumstances under which practitioners may prescribe controlled medications, pursuant to 21 U.S.C. 802(54)(G), to patients whom the practitioner has never evaluated in person, including that (1) such prescriptions be in accordance with applicable Federal and State  (6) laws; and (2) such practitioners possess an active DEA dispensing registration issued pursuant to 21 CFR 1301.13(e)(1)(iv) in the State in which the practitioner is located (unless exempted).DEA proposes to require practitioners to keep detailed records regarding prescriptions issued as a result of a telemedicine encounter at the registered location of their 21 CFR 1301.13(e)(1)(iv) registration, in digital or paper form that is readily accessible. (7) Under the proposed rule, a prescribing practitioner must include a notation on the face of the prescription, or within the prescription order if prescribed electronically, that the prescription has been issued via a telemedicine encounter. (8)The proposed rule allows for the prescription of non-narcotic  (9) schedule III-V controlled medications when certain circumstances are met. For example, the proposed rule allows for the prescribing of schedule III-V non-narcotic controlled medications when a practitioner, prior to issuing a prescription, reviews recent prescription drug monitoring program (“PDMP”) data, i.e., data made available by the State in which the patient is located, regarding controlled medication prescriptions issued to the patient in the last year or, if less than a year of data is available, the entire available period. (10)Though excluded from the provisions of this proposed rule that relate to the prescribing of non-narcotic schedule III-V controlled medications, the prescribing of certain narcotic medications such as buprenorphine via telemedicine for the treatment of opioid use disorder is the subject of another notice of proposed rulemaking titled “Expansion of induction of buprenorphine via telemedicine encounter” (RIN 1117-AB78), published elsewhere in this issue of the Federal Register , that would expand the circumstances under which the induction of buprenorphine for “maintenance treatment”  (11) and “detoxification treatment”  (12) of opioid use disorder via telemedicine can occur.Additionally, the proposed rule generally would subject a practitioner practicing telemedicine to initially limit prescriptions for a controlled medication issued to a patient to a 30-day supply. A practitioner would be allowed to issue multiple prescriptions for the same patient, but would only be allowed to prescribe an amount less than or equal to a total quantity of a 30-day supply of the controlled medication. (13) Thereafter, to continue prescribing to that patient, within 30 days, the prescribing practitioner would be required to examine the patient in person. Alternatively, if the prescribing practitioner receives a qualifying telemedicine referral for the patient in the manner described herein, the practitioner may rely on the referring practitioner's in-person medical evaluation in order to prescribe the controlled substance via telemedicine. (14)the patient is not able to be seen in 30 days, unable to prescribe control medication.