On December 29, 2022, with the signing of the Consolidated Appropriations Act of 2023, Congress eliminated the DATA Waiver (or X -Waiver) program. Section 1262 of the Act removes the federal requirement for healthcare providers to have a DATA Waiver to prescribe buprenorphine for the treatment of opioid use disorder (OUD).
This change was effective as of January 2023, so all providers who have a current DEA registration that includes Schedule III authority may now prescribe buprenorphine for OUD in their practice if permitted by applicable state law. Further, there are no longer caps on the number of patients a prescriber may treat for opioid use disorder with buprenorphine.
For reference, please see the following guidance provided by the Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA):
While a DATA Waiver is no longer required, training is still available to support providers who prescribe buprenorphine to treat OUD. CHPW encourages providers who are interested in prescribing buprenorphine for OUD, but did not previously pursue a DATA Waiver, to review these materials.
- SAMHSA’s Buprenorphine Quick Start Guide
- SAMHSA’s Buprenorphine Quick Start Pocket Guide
- SAMHSA’s Guide to Substance Abuse Services for Primary Care Clinicians
- Providers Clinical Support System (PCSS) , funded by SAMHSA, this site contains a wealth of resources and trainings on prevention and treatment of opioid use disorders and treatment of chronic pain.
New Training Requirement to Dispense Controlled Substances
- The Consolidated Appropriations Act of 2023 also introduced new training requirements for all prescribers as a condition to dispense controlled substances.
- This training requirement will go into effect on June 21, 2023. The DEA and SAMHSA are working together to provide further guidance, which will be available in the coming months.
- These new requirements do not impact the changes related to the elimination of the DATA Waiver Program.
