DEA-Practitioner Training or Continuing Education Requirement for Registration (EO-DEA182R1)

Drug Enforcement Administration
Diversion Control Division
Guidance Document
Title: DEA-Practitioner Training or Continuing Education Requirement for Registration
Summary: This is a revision of a previously approved and posted Q&A, published on October
5, 2020. (EO-DEA182). This updated Q&A provides information regarding the training
requirement1 included in Division FF of the Consolidated Appropriations Act (CAA) of 2023.2
All practitioners, who are not solely a veterinarian, must attest to satisfying the training,
credentialing, or educational requirements identified in section 1263 of Division FF of the CAA
in order to obtain a new or renewal DEA registration. The deadline for attesting to this training
requirement is the date of a practitioner’s next scheduled DEA registration submission –
regardless of whether it is an initial registration or a renewal registration – on or after June 27,
2023. Additional information regarding the training requirement is noted below. This revised
Q&A will replace the current Q&A posted on DEA’s website (EO-DEA-182) and will be sent
via email to all DEA-registered pharmacies and practitioners.
Activity: Updated Guidance on DEA-Practitioner Training or Continuing Education
Requirement for Registration
To Whom It Applies: All DEA-Registered Practitioners who are not solely veterinarians
Background: On December 29, 2022, President Biden signed into law the Consolidated
Appropriations Act, 2023 (CAA, 2023).3
DATA-waived practitioners were required by the Substance Abuse and Mental Health
Services Administration (SAMHSA) to complete training with regard to treating patients with
OUD. By striking 21 U.S.C. 823(g)(2), section 1262(a)(1) of Division FF of the CAA, 2023
eliminated additional requirements for dispensing narcotic drugs in schedule III, IV, and V for
maintenance or detoxification treatment, which required qualifying practitioners to submit a
notification of intent of the practitioner to begin dispensing the drugs or combination products to
patients for maintenance or detoxification, instead of registering as a narcotic treatment program.
Section 1263(a) of Division FF of the CAA, 2023 also amended the CSA by adding
subsection (l) to 21 U.S.C. 823, which requires training for prescribers. Specifically, the new 21
U.S.C. 823(l)(1) provides that, “[a]s a condition on registration under this section to dispense
controlled substances in schedule II, III, IV, or V, the Attorney General shall require any
qualified practitioner, beginning with the first applicable registration for the practitioner to meet”
certain conditions in order to treat patients with OUD. Section 1263(a) defines the term
“qualified practitioner” as a practitioner who (i) is licensed under State law to prescribe
1 21 U.S.C. 823(l)(1).
2 Pub. L. No. 117-328, div. FF, tit. I(B), ch. 6, § 1263(a), 136 Stat. 4459 (2022).
3 Pub. L. No. 117-328, 136 Stat. 4459 (2022).

controlled substances, and (ii) is not solely a veterinarian, under 21 U.S.C. 823(l)(4)(B). The
term “first applicable registration” means the first registration or renewal of registration by a
qualified practitioner on or after June 27, 2023, under 21 U.S.C. 823(l)(4)(A).
Therefore, any qualified practitioner can treat patients for OUD with buprenorphine. This
includes prescribing, administering, or dispensing buprenorphine with their DEA registration as
long as there are no state regulations that prohibit (or limit) them from participating in this
activity.
While Section 1262 of the CAA, 2023 removed the federal requirement for practitioners to
obtain a DATA-Waiver registration to treat OUD patients with buprenorphine, Section 1263
requires qualified practitioners to complete Substance Use Disorder (SUD) training before
applying for a controlled substance registration or renewing their DEA registration.
In accordance with section 1263(a) of the CAA 2023, DEA notified qualified practitioners of
the required training described at 21 U.S.C. 823(l)(1)(A)(iv)-(v) and (1)(B)(i)-(ii).4 DEA met the
March 27, 2023 deadline and provided this electronic notification on March 27, 2023, and it is
posted on DEA’s website.
Question: Does DEA require that a practitioner take special classes, or some type of continuing
education, before they can apply for, or reapply for, a DEA registration?
Answer: Individual states may have educational requirements in order to obtain and maintain a
valid license in that state. DEA requires that all state licensing requirements be met in order to
obtain a DEA registration in that state. 21 U.S.C. 823(g)(1) and (4).
In addition, all practitioners, who are not solely veterinarians, when applying for a new
registration or renewing their registration, must satisfy either the training, credentialing or
educational requirements identified in section 1263 of the CAA 2023. 5 Please see the Q&A that
DEA posted on its website in reference to the training, credentialing, or educational
requirements, and related attestation. Practitioners can find additional information on
SAMHSA’s website at Recommendations for Curricular Elements in Substance Use Disorders
Training | SAMHSA.
The contents of this document do not have the force and effect of law and are not meant to
bind the public in any way. This document is intended only to provide clarity to the public
regarding existing requirements under the law or Department of Justice policies.
EO-DEA182R1, DEA-DC-076, September 21, 2023.
4 21 U.S.C. 823(l)(2)(B).
5 Pub. L. No. 117-328, div. FF, tit. I(B), ch. 6, § 1263(a), 136 Stat. 4459 (2022).