Libby Baney Addresses Proposed DEA Rule With Fast Company

In “‘This could actually be catastrophic’: What the end of the public health emergency means for telehealth,” government and regulatory partner and senior advisor to the Alliance for Safe Online Pharmacies Libby Baney spoke to Fast Company about a rule proposed by the Drug Enforcement Agency (DEA) that would require anyone being prescribed certain controlled substances via telemedicine to see a doctor in person to continue their care online.

“We needed a solution to this years ago,” Baney said. Further, at a time when the government is concerned about the reckless prescribing of drugs like Adderall, she noted, it stands to reason that they would want to implement a rule that slows down the process.

“You can think of it as a stop sign, which, to some patients, means they just won’t get access to care anymore,” Baney stated. “But a stop sign could be a very good thing if you’re the DEA, and you’re trying to limit overprescribing of controlled substances. A stop sign is exactly the intent.” She also warned that this stop sign might actually be an offramp, leading patients to less safe online marketplaces for prescription drugs.

The publication added that if the DEA moves forward with the rule, there are other levers the government could pull to address some of the concerns telehealth companies have. Legislators, for one, could pass a law waiving the in-person-visit requirement, which Baney said that Congress specifically opted not to do last year, as it was drafting its omnibus bill, offloading the responsibility instead to the DEA.