DEA Has Rare Moment Of Good Sense, Prodded By Outcry From Right To Die Community

(Jay Niver is the editor of FEN’s quarterly magazine and a former editor of this blog. A retired journalist, he worked extensively in healthcare before becoming intimately involved in the right to die movement.)

In this US era of divisive politics, dysfunctional government – and a seemingly total lack of will to compromise – it was a rare reason to celebrate last week when the Drug Enforcement Agency (DEA) pulled back on its threat to curtail the boom in “telemedicine” that allowed us to deal with COVID-19.

When the world largely shut down in March of 2020, it was clear that society, culture, and operations as we knew them would have to drastically change. Workplaces emptied as “home work” took on new meaning. Computer screens replaced classrooms, Zoom meetings became routine, and online shopping made delivery vehicles more common than commuters.

Telemedicine saw huge, rapid growth early in the pandemic, as providers and consumers looked for safe ways to deliver and access healthcare. With a phone or computer, patients could connect with their healthcare team for routine help without going to a hospital or a clinic facing COVID challenges.

America’s declared public health emergency will expire May 11, and with it, the DEA was poised to reign in some lenient policies extended to physicians for prescribing controlled drugs during the pandemic. In specific, the convenience of an online or phone consultation was to be eliminated by requiring in-person visits to an MD before they could write a prescription.

Public and professional outcry was swift and overwhelming: More than 38,000 comments were submitted to the DEA, almost all in opposition. A big reason was that one of the affected drugs is the most common medication used to treat opioid addiction, and others are stimulants that treat ADHD.

The DEA announced May 3 that it is extending its COVID-era emergency telemedicine policies – at least for now.

“(We) received a record 38,000 comments on (our) proposed telemedicine rules. We take those comments seriously and are considering them carefully,” said DEA Administrator Anne Milgram. “We recognize the importance of telemedicine in providing Americans with access to needed medications, and we have decided to extend the current flexibilities while we work to find a way forward to give Americans that access with appropriate safeguards.”

The agency’s proposal would have severely affected the right-to-die community and Medical Aid in Dying (MAiD). Terminally ill, suffering patients have enough trouble accessing MAiD – and clearing all the built-in “safeguard” hurdles – without having to travel to see a doctor.

As a result, Death with Dignity (DwD) quickly mobilized a national campaign, partnering with the Completed Life Initiative and American Clinicians Academy on Medical Aid in Dying, to collect and submit adverse public comments. The effort garnered almost 10,000 responses, which DwD hand-delivered directly to DEA headquarters (not without considerable hassle – DEA was reluctant to receive them in person, an irony not lost on the right to die advocates).

“What became clear – over the two hours it took to deliver your comments – is that while the DEA wants patients to go through the hassle of having to physically see their doctors, they didn’t want the hassle of having to receive our comments in person, rather than online,” DwD said in a statement.

COVID changed our world. The genie is out of the bottle. Virtual events aren’t ending anytime soon, office buildings are not filling back up, and new shopping malls aren’t being built.

Hopefully, the Drug Enforcement Agency – and US healthcare in general – will recognize the futility of trying to put the toothpaste back in the tube.

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Final Exit Network (FEN) is a network of dedicated professionals and caring, trained volunteers
who support mentally competent adults as they navigate their end-of-life journey.
Established in 2004, FEN seeks to educate qualified individuals in practical,
peaceful ways to end their lives, offer a compassionate bedside presence and defend
a person’s right to choose. For more information, go to www.finalexitnetwork.org.

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