DEA Changes Its Tune On In-Person Evaluation – But only in hindsight

I’m just going through the DEA’s rules on the Ryan Haight Act.  I’ll have more to say later but can’t resist posting this gem:

While the lack of an in-person medical evaluation has always been viewed as a ”red flag” indicating that diversion might be occurring, the Ryan Haight Act makes it unambiguous that it is a per se violation of the CSA for a practitioner to issue a prescription for a controlled substance by means of the Internet without having conducted at least one in-person medical evaluation . . . .

It’s more than a little disingenuous for the DEA to change its tune and say that until the RH Act the lack of a face-to-face has (only) been viewed as a “red flag.”  Until now, the DEA has argued that the lack of a face-to-face meant there was no doctor-patient relationship, which meant the prescription was invalid and a per se violation.  Indeed, prosecutors in various cases are arguing right now that the Ryan Haight Act didn’t do anything but clarify the existing law.  This comment is certainly inconsistent with that position.