---
kind: "section"
citation: "42 C.F.R. § 12.1"
title: "42"
number: "12.1"
heading: "Temporary extension of certain COVID-19 telemedicine flexibilities for prescription of controlled medications."
url: "https://uscodex.org/cfr/42/12.1"
---

# §12.1. Temporary extension of certain COVID-19 telemedicine flexibilities for prescription of controlled medications.

- (a) **This section is in effect until the end of the day December 31, 2026.** The authorization granted in [paragraph (b)](#b) of this section expires at the end of December 31, 2026.
- (b) During the period May 12, 2023, through December 31, 2026, a Drug Enforcement Administration (DEA)-registered practitioner is authorized to prescribe Schedule II-V controlled substances via telemedicine, as defined in [21 CFR 1300.04(i)](/cfr/21/1300.04.md?p=i), to a patient without having conducted an in-person medical evaluation of the patient if all of the conditions listed in [paragraph (c)](#c) of this section are met.
- (c) A practitioner is only authorized to issue prescriptions for controlled substances pursuant to [paragraph (b)](#b) of this section if all of the following conditions are met:
  - (1) The prescription is issued for a legitimate medical purpose by a practitioner acting in the usual course of professional practice;
  - (2) The prescription is issued pursuant to a communication between a practitioner and a patient using an interactive telecommunications system referred to in [42 CFR 410.78(a)(3)](/cfr/42/410.78.md?p=a-3);
  - (3) **The practitioner is—**
    - (i) Authorized under their registration under [21 CFR 1301.13(e)(1)(iv)](/cfr/21/1301.13.md?p=e-1-iv) to prescribe the basic class of controlled substance specified on the prescription; or
    - (ii) Exempt from obtaining a registration to dispense controlled substances under [21 U.S.C. 822(d)](/usc/21/822.md?p=d); and
  - (4) **The prescription is consistent with all other requirements of 21 CFR part 1306.**

## Notes

### Amendments

[88 FR 30042, May 10, 2023, as amended at 88 FR 69883, Oct. 10, 2023; 89 FR 91257, Nov. 19, 2024; 90 FR 61306, Dec. 31, 2025]

### Authority

Authority: 21 U.S.C. 802(54)(G).

### Source

Source: 88 FR 30042, May 10, 2023, unless otherwise noted.

### Amendments

[88 FR 30042, May 10, 2023, as amended at 88 FR 69883, Oct. 10, 2023; 89 FR 91257, Nov. 19, 2024; 90 FR 61306, Dec. 31, 2025]