WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and Sheldon Whitehouse (D-RI), both members of the Senate Finance Committee, sent a letter to Drug Enforcement Administration (DEA) Administrator Terry Cole urging the DEA to extend telemedicine flexibilities for prescribing controlled substances. The current flexibilities, which have been critical in connecting individuals in rural and underserved communities with access to essential medications, are set to expire December 31, 2025.

“We write to urge the Drug Enforcement Administration (DEA) to act quickly and extend critical flexibilities for telemedicine prescribing of controlled substances that were first put in place during the COVID-19 Public Health Emergency,” wrote the senators. “These policies ensure individuals can successfully access medical treatment via telehealth, and for many—including those with substance use disorder—these flexibilities have been life-saving.”

The senators continued, “Telemedicine has been instrumental in expanding access to health care, supporting those with the greatest need and bridging the divide between patients and providers, especially for individuals in rural and under-resourced areas. The flexibility afforded by telemedicine has been particularly important in providing access to essential medications, including those for mental health conditions, substance use disorders, and chronic illnesses.”

The senators highlighted that without continued telemedicine flexibilities, millions of Americans could lose access to essential health services, including mental and behavioral health care.

“Americans face barriers to accessing mental health and substance use disorder treatment services, particularly in rural and under-resourced communities. As of August 2024, more than one third of the U.S. population, or 122 million individuals, live in a Mental Health Professional Shortage Area, as determined by an insufficient psychiatrist-to-population ratio. Rural areas face additional provider shortages, with many lacking access to psychologists, clinical social workers, and other types of providers. These challenges underscore the importance of maintaining flexibilities that increase access to treatment and services. Telemedicine flexibilities have ensured that patients receive timely and necessary care, at a time and location that is convenient for them,” added the senators.

These telemedicine flexibilities were made possible by the COVID-19 Public Health Emergency, which allowed for an exception to the in-person medical evaluation requirement under the Ryan Haight Online Pharmacy Consumer Protection Act, legislation regulating the online prescription of controlled substances. The DEA has previously recognized the life-saving success of telemedicine flexibilities for prescribing controlled substances and since January 2020, has extended these temporary flexibilities three times.

Sen. Warner has been a longtime advocate for increased access to telehealth services, emphasizing that consistent, uninterrupted access to providers is fundamental to managing chronic conditions, supporting mental health, preventing small health issues from becoming crises, and modernizing our health system. He is an original co-author of the CONNECT for Health Act, which seeks to expand the coverage of telehealth services through Medicare, make COVID-19 telehealth flexibilities permanent, and make it easier for patients to safely connect with their doctors. He also previously wrote to both the Biden and Trump administrations urging the DEA to finalize regulations that allow doctors to prescribe controlled substances through telehealth. At the height of the COVID-19 crisis, Sen. Warner sent a letter to Senate leadership calling for the permanent expansion of access to telehealth services. In September 2023, Sen. Warner led bipartisan partners to share serious concerns about an earlier version of DEA’s proposed rule, which would also have seriously curtailed access to prescriptions through telemedicine.

In October 2025, Sens. Warner and Whitehouse reintroduced the bipartisan Telehealth Response for E-prescribing Addiction Therapy Services (TREATS) Act, which addresses regulatory hurdles to accessing telehealth services. In 2018, Sen. Warner included a provision to expand financial coverage for virtual substance use treatment in the Opioid Crisis Response Act of 2018. In 2003, then-Gov. Warner expanded Medicaid coverage for telemedicine statewide, including evaluation and management visits, a range of individual psychotherapies, the full range of consultations, and some clinical services, including in cardiology and obstetrics. Coverage was also expanded to include non-physician providers. Among other benefits, the telehealth expansion allowed individuals in medically underserved and remote areas of Virginia to access quality specialty care that isn’t always available at home.

The full letter is available here.

###

* High-quality photographs of Sen. Mark R. Warner are available for download here *

Photos may be used online and in print, and can be attributed to ‘The Office of Sen. Mark R. Warner’