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HomeHealth LawDEA Chopping Block: DATA-Waiver Requirement

DEA Chopping Block: DATA-Waiver Requirement


On January 12, 2023, the Drug Enforcement Administration (DEA) confirmed in a letter to registrants that the Consolidated Appropriations Act of 2023 (P.L. 117-328) (the Act), which was signed into regulation on December 29, 2022, eradicated the “DATA-Waiver Program”. The removing of the DATA-Waiver (or X-waiver) will enhance the pool of practitioners eligible to prescribe buprenorphine, a clinically-proven treatment used to deal with sufferers with opioid use dysfunction (OUD).

The Substance Abuse and Psychological Well being Companies Administration (SAMHSA) additionally issued a assertion on its web site on the removing of the DATA-Waiver.

What this Means

DEA’s letter warned all registrants of the next adjustments:

  • A DATA-Waiver registration is now not required to deal with sufferers with buprenorphine for OUD.
  • Going ahead, all prescriptions for buprenorphine solely require a regular DEA registration quantity. The beforehand used DATA-Waiver registration numbers are now not wanted for any prescription.
  • There are now not any limits or affected person caps on the variety of sufferers a prescriber could deal with for OUD with buprenorphine.
  • The Act doesn’t affect present state legal guidelines or rules that could be relevant.

The DATA-Waiver Requirement

The DATA-Waiver (also called the X-waiver) was created beneath the Drug Dependancy Remedy Act of 2000 (DATA 2000), to permit sure certified practitioners to deal with sufferers with buprenorphine exterior of an opioid remedy program (OTP), also known as a “methadone clinic”. To acquire an X-Waiver, practitioners had been required to submit a Discover of Intent to the DEA and SAMHSA, testifying to the completion of sure specialised coaching necessities. When accredited, the letter “X” was appended to the practitioner’s DEA license quantity. 

Additional limiting entry to buprenorphine, practitioners with an X-waiver had been topic to affected person caps (30, 100, or 275, relying on sure components) – limiting the variety of sufferers an X-waivered practitioner might deal with with buprenorphine at any given time.

Research have proven that buprenorphine, together with counseling and behavioral therapies (referred to as medication-assisted remedy or MAT), is a number one software to fight the continued opioid epidemic.

Modifications for All DEA-Registered Practitioners

The DEA additionally famous that one other part of the Act (Treatment Entry and Coaching Growth or MATE Act), additionally launched new coaching necessities for all prescribers of managed substances, which embrace an eight hour coaching in figuring out and treating dependancy when a practitioner applies for or renews their DEA registration to prescribe managed substances. This requirement will go into impact on June 21, 2023.

Need To Be taught Extra?

Telemedicine Legal guidelines for Opioids and Substance Use Dysfunction Remedy

COVID-19: DEA and SAMHSA Steerage for Treating Opioid Use Problems by way of Telehealth

Foley is right here that will help you deal with the short- and long-term impacts within the wake of regulatory adjustments. We now have the sources that will help you navigate these and different vital authorized concerns associated to enterprise operations and industry-specific points. Please attain out to the authors, your Foley relationship associate, or to our Well being Care Follow Group with any questions.




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