In a long-awaited victory, the Drug Enforcement Agency (DEA) issued the Registering Emergency Medical Services Agencies under the Protecting Patient Access to Emergency Medications Act of 2017 Final Rule to ensure continued access to pain and anti-seizure medications for patients experiencing medical emergencies.
This regulation implements the ACEP-supported “Protecting Patient Access to Emergency Medications Act of 2017,” originally sponsored by one of ACEP’s longtime legislative champions, Representative Richard Hudson (R-NC). Signed into law on November 17, 2017, the measure addressed issues regarding how emergency medical services (EMS) agencies store, handle, and administer controlled substances. The final regulation explicitly permits physician medical directors to issue standing orders to EMS personnel so they may administer controlled substances to their patients.
ACEP was largely supportive of the DEA’s proposed rule issued in 2020 but did provide the agency with technical and clarifying comments, many of which were largely accepted in the final rule. Of note, the DEA agreed with our suggestions to more accurately reflect the way EMS agencies operate throughout the country, and ease burdensome recordkeeping requirements to provide greater logistical flexibility – especially important for EMS in rural areas.
