Removal of DATA Waiver (X-Waiver) Requirement
Section 1262 of the Consolidated Appropriations Act, 2023 (also known as Omnibus bill), removes the federal requirement for practitioners to submit a Notice of Intent (have a waiver) to prescribe medications, like buprenorphine, for the treatment of opioid use disorder (OUD). With this provision, and effective immediately, SAMHSA will no longer be accepting NOIs (waiver applications).
All practitioners who have a current DEA registration that includes Schedule III authority, may now prescribe buprenorphine for Opioid Use Disorder in their practice if permitted by applicable state law and SAMHSA encourages them to do so. SAMHSA and DEA are actively working on implementation of a separate provision of the Omnibus related to training requirements for DEA registration that becomes effective in June 2023.
As a reminder, current South Carolina requires that a practitioner have a face-to-face encounter with the patient before prescribing Schedule II and Schedule III medications. S.C. Code § 40-47-37(C)(6). South Carolina practitioners cannot prescribe Schedule II or Schedule III narcotic or nonnarcotic medications solely via telemedicine without appearing before the BME and being approved to do so.
Additionally, licensees are reminded that they are still obligated to obtain at least two (2) hours of continuing medical education related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV, as set forth in South Carolina Code § 40-47-40(2)(a).