This report concludes that DEA and SAMHSA have the legal authority to extend the flexibilities granted during the COVID-19 public health emergency without additional authorization from Congress. DEA and SAMHSA have the authority to jointly issue regulations allowing practitioners to prescribe buprenorphine without first conducting an in-person medical evaluation. As an alternative, DEA can use its authority to establish a special registration for telemedicine program while SAMHSA issues an associated policy. As another alternative, SAMHSA and DEA can use the opioid-specific public health emergency declaration to offer a longer term, but not permanent, option to extend these flexibilities.
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