Maine Delegation Calls on DEA to Clarify Rule Threatening Maine EMS Providers with New Costs

WASHINGTON, D.C. – U.S. Senators Susan Collins and Angus King (I-ME) and Representatives Chellie Pingree (D-ME-01) and Jared Golden (D-ME-02) are calling on the U.S. Drug Enforcement Administration (DEA) to quickly clarify federal guidance that is threatening Maine emergency medical services (EMS) agencies with new costs. In a letter to DEA Administrator Terrance Cole, the lawmakers explained that uncertainty surrounding the DEA's implementation of a 2017 law has led several Maine hospital systems to end longstanding agreements that allowed local EMS agencies to obtain certain emergency supplies and medications through their hospital partners. Without these agreements, EMS agencies have begun to spend thousands of their own dollars on these expenses, likely resulting in increased costs for patients as providers seek to recoup the additional expenses. The Controlled Substances Act (CSA), along with related DEA regulations, requires registration for any practice that dispenses controlled substances. Prior to 2017, the CSA did not directly mention EMS, and thus EMS departments historically were not required to register to procure or dispense controlled substances – allowing EMS to acquire medications and supplies from hospital partners to do their critical work. “We write today to request that the Drug Enforcement Administration (DEA) issue clarifying guidance regarding implementation of the Protecting Patient Access to Emergency Medicines Act of 2017 (PPAEMA),” the lawmakers began. “As you know, PPAEMA amended the Controlled Substances Act (CSA) to allow Emergency Medical Services (EMS) agencies to obtain independent registrations to administer controlled substances. This statutory change was intended to codify existing law and ensure EMS responders operate seamlessly under the supervision of a licensed physician. Unfortunately, the DEA’s subsequent final rule has created disruption and confusion for Maine’s healthcare system.” “The conflicting interpretations of this rule have led our state’s largest hospital networks to abruptly terminate long-standing agreements held with local EMS providers for such medical supplies. Therefore, swift clarification from the DEA is urgently needed not only to prevent exorbitant, unexpected costs from being forced onto Maine’s EMS agencies but also to preserve vital local partnerships,” the lawmakers continued. “Therefore, we ask DEA to issue clarifying guidance as soon as possible to prevent further confusion and to ensure more unnecessary costs are not borne by our EMS agencies. Thank you for your attention to our request, and we look forward to your response,” the lawmakers concluded. Click here to read the complete text of the letter. ###