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Opioid Use Disorder: Removal of Waiver Requirement

Summary

  • Beginning June 27, 2023, all DEA registered providers can now treat opioid addiction without a Drug Addiction Treatment Act (DATA), or X waiver.
  • Moving forward, applications for the DATA waiver are no longer going to be accepted and no annual reporting of patient load is required.
  • For new or renewing DEA registrants submitting applications on or after June 27, 2023, there are new educational requirements.
  • Physicians should check their states’ requirements, which may include additional regulatory requirements in treating opioid addiction with Buprenorphine.

Background

As part of as the Consolidated Appropriations Act, physicians no longer need a DATA waiver to treat Opioid Use Disorder (OUD) or Substance Use Disorder (SUD). Approximately 1.9 million physicians will be eligible to treat OUD and SUD if they have a standard DEA registration number.

If you have a DEA registration number that is current and meet your state requirements, you are eligible to prescribe medication for the treatment of substance abuse disorder. A DATA waiver is no longer needed.

Frequently Asked Questions

What do I need to do if I have a DATA waiver?

Providers registered with the DEA as a DATA-Waived prescriber should have received an updated DEA registration to reflect elimination of the DATA-Waiver registration number. No further action is necessary on the registrant’s part.

What does my state say in regard to this law?

Keep in mind that your state may differ from federal law. The federal law does not override an individual state law. Find your individual state regulatory agency.

What do I need to do if I don’t have a DATA waiver?

To prescribe medication to treat OUD/SUD, you need a DEA registration number. To apply for a DEA registration number, visit the Drug Enforcement Agency Diversion Control Division for instructions and forms.

What is the deadline for requirements for those with a DATA waiver? 

The deadline for meeting the training requirements to continue to prescribe treatment for patients with OUD is June 27, 2023.

If you are submitting a DEA registration form (for initial registration or renewing registration) you must check a box to affirm completion of the training requirement. This is a one-time attestation during a normally scheduled renewal for those providers that do not have a DATA waiver.

What are the necessary requirements needed for treatment of OUD/SUD?

If you need to submit a DEA application to prescribe medications for treatment of OUD/SUD, or to renew your DEA registration, you must fulfill applicable training requirements prior to applying for a DEA application. The requirements can be fulfilled upon successful completion of one of the following:

  • Board certification in addiction medicine and/or addiction psychiatry.
  • Graduated as an MD, DO, NP, or PA in last five years and have received education/training in substance use disorder (SUD).
  • Completion of eight hours of training in SUD that includes screening, diagnosis, treatment. No statutory pieces of content required for training.

Where can I get trainings?

You can locate training on the American Society for Addiction Medicine website. Please be sure to review information provided on the website.

The trainings listed are:

  • Fundamentals of Addiction Medicine (8 hours)
  • Treatment of Opioid Use Disorder (8 hours)
  • Pain & Addiction: Essentials Online (6 hours)
  • Moving Beyond the Barriers of Treating OUD (3 hours)
  • OUD Mini-Course: Treatment in the Emergency Department (1 hour)
  • Buprenorphine Mini-Course: Building on Federal Prescribing Guidance (1 hour)

Resources