Published March 18, 2025
On March 18, 2025, EPPC scholars Eric Kniffin and Rachel N. Morrison submitted a public comment in response to the Department of Justice Drug Enforcement Agency’s (DEA) proposed rule, “Special Registrations for Telemedicine and Limited State Telemedicine Registrations.” The DEA proposal would modify regulations on how Americans can access controlled substances through telemedicine.
The scholars’ comment asks the DEA to ensure that its telemedicine regulations affirm the right of states to regulate the practice of medicine, especially regarding distribution of abortion drugs and testosterone for “transition” purposes. The comment notes that the Trump Administration has consistently affirmed states’ rights in these areas.
The comment concludes:
[W]e urge DEA to carefully examine the Proposed Rule in light of the President’s commitment to respecting states’ right to regulate the practice of medicine. A one-size-fits-all approach to telemedicine could prevent states from thoughtfully protecting the rights and interests of their own citizens and would deprive them of the authority reserved to them by the Constitution. This is an important area of state authority, particularly when it comes to protecting unborn human life and children from gender ideology.
… [W]e ask that you ensure that any final version of this rule respects the authority of states to protect unborn human life, protect mothers from the distribution of dangerous abortion drugs via telemedicine, and protect children from accessing testosterone for transition purposes via telemedicine.
Eric Kniffin is a fellow at the Ethics and Public Policy Center, where he works on a range of initiatives to protect and strengthen religious liberty as part of EPPC’s Administrative State Accountability Project.
