Protest by Terminally Ill Patients against Impending Telehealth Restrictions

At age 93, Teri Sheridan, who was suffering from a stroke, heart failure, and recurrent cancer, wanted to end her life using New Jersey’s medically assisted suicide law. However, she was bedbound and too sick to travel. On November 17, surrounded by three of her children, Sheridan consumed a lethal dose of drugs prescribed by an online doctor she had never met in person. She passed away within minutes.

But now, others who seek the same option may find it difficult due to a federal proposal to restrict the online prescribing of potentially addictive drugs that were allowed during the COVID-19 pandemic. The aim of this proposal is to reduce improper prescribing by telehealth companies. However, critics argue that it may hinder access to medically assisted suicide and hospice care for those who need it.

The proposed rule would reinstate the requirement for doctors to see patients in person before prescribing drugs like Oxycontin, Adderall, and others. It also introduces stricter regulations on the prescription of less-addictive drugs such as Xanax and buprenorphine. While some drugs can still be prescribed through telemedicine for an initial 30-day dose, patients would need an in-person visit for refills.

The DEA Administrator, Anne Milgram, referred to the plan as “telemedicine with guardrails.” The agency, in collaboration with the Department of Health and Human Services, aims to finalize the rule by May 11, the end of the COVID public health emergency. If approved, the new requirements would take effect in November.

The proposal has faced significant backlash, with over 35,000 comments to a federal portal urging reconsideration of certain patients or provisions. Advocates, members of Congress, and medical groups have called on the DEA to make exceptions for patients seeking medically assisted suicide and hospice care.

Some concerns raised include the potential delay or denial of access to medication for terminally ill patients. Telemedicine has been crucial during the pandemic, providing access for patients who are homebound or unable to visit a doctor in person. Critics argue that abruptly removing online prescribing options could harm these vulnerable populations.

The clash between patients in need and efforts to prevent overprescribing by telehealth companies was seen as inevitable by experts. Some argue that exceptions should be made for patients seeking medically assisted suicide or receiving hospice care, given their unique circumstances and clear need for medication.

While the rule is yet to be finalized, there are concerns about the potential impact if it is implemented without sufficient provisions for these patients. The use of telemedicine for medically assisted suicide prescriptions has increased during the pandemic, with patients relying on this option due to various limitations.

Dr. Robin Plumer, the New Jersey doctor who prescribed the drugs for Teri Sheridan, emphasized the importance of telemedicine in providing access to care during the pandemic. She expressed concern about abruptly removing this option and its potential impact on patients who are homebound or nearing the end of life.

In conclusion, the proposed federal rule to restrict online prescribing of potentially addictive drugs has raised concerns about access to medically assisted suicide and hospice care for patients in need. Critics argue that exceptions should be made for these vulnerable populations who may be unable to visit a doctor in person. The rule is expected to be finalized by May 11, and its implementation could begin in November.

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