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18 Wash. J. L. Tech. & Arts 41 (2023)
"TikTok Told Me I Have ADHD": Regulatory Outlook for the Telehealth Revolution

handle is hein.journals/washjolta18 and id is 185 raw text is: 

                           VOLUME   18, ISSUE 4 - SUMMER 2023


                                    Kaitlin Campanini' *


Telehealth's expansion during the COVID-19  pandemic has drastically changed the approach to
healthcare in the United States. This is particularly true in the behavioral health sector where
several behavioral telehealth companies have emerged to treat Attention-Deficit/Hyperactivity
Disorder (ADHD).   These companies utilize a direct-to-consumer (DTC) model with a virtual
platform that connects subscribing patients to medical providers who can treat them for ADHD.
Although this telemedicine model emphasizes convenience and efficiency, the reality is that those
benefits come at the cost of patient care. The federal regulations promulgated in the Ryan Haight
Online  Pharmacy  Consumer   Protection Act of 2008  to curtail the distribution of controlled
substances over the internet are inadequate.

This  paper argues that the Drug  Enforcement  Administration's  (DEA)  sparse regulatory
structure for telehealth companies has fostered an environment where ADHD telehealth companies
prescribe controlled substances with impunity.   These companies   aggressively advertise to
potential consumers, provide low-quality mental health treatment, and overprescribe controlled
substances. The  DEA  and the FDA   should enact new requirements to both protect consumers
from harmful health practices and improve the quality of telehealth services. Specifically, the DEA
should establish drug-specific guidelines for a special registration for telehealth providers under
the Ryan  Haight Act to be able to prescribe controlled substances through telehealth services.
Further, the advertisements made by these companies should be subject to the Food and Drug
Administration's (FDA) oversight under the Federal Food, Drug, and Cosmetic Act.

*Incoming Associate, Davis Polk & Wardwell, 2023; J.D., Elisabeth Haub School of Law at Pace University, 2023;
Editor-in-Chief, Pace Law Review, 2023; B.A., State University of New York at Oswego, 2019. This author would
like to thank Professor Lauren H. Breslow and Professor Leslie Y. Garfield Tenzer for assisting in the formulation of
this topic and contributing thoughtful edits and suggestions throughout the writing process.

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