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Removal of DATA Waiver (X-Waiver) Requirement

Published on Feb 6, 2023

Read joint statement from DBHDS, DMAS and DHP on the removal of DATA Waiver (X-Waiver) requirement.

Please note the below posting from the Substance Abuse and Mental Health Services Administration website.

Removal of DATA Waiver (X-Waiver) Requirement

Section 1262 of the Consolidated Appropriations Act, 2023 (also known as Omnibus bill), removes the federal requirement for practitioners to submit a Notice of Intent (have a waiver) to prescribe medications, like buprenorphine, for the treatment of opioid use disorder (OUD). With this provision, and effective immediately, SAMHSA will no longer be accepting NOIs (waiver applications).

All practitioners who have a current DEA registration that includes Schedule III authority, may now prescribe buprenorphine for Opioid Use Disorder in their practice if permitted by applicable state law and SAMHSA encourages them to do so. SAMHSA and DEA are actively working on implementation of a separate provision of the Omnibus related to training requirements for DEA registration that becomes effective in June 2023. Please continue to check this webpage for further updates and guidance.

In light of this new federal law, the Board has gotten questions about whether Virginia's regulations prohibit practitioners who do not hold a SAMHSA waiver and an X-number from the Drug Enforcement Administration from writing buprenorphine for opioid use disorder.

The Virginia Board of Medicine Regulations Governing the Prescribing of Opioids and Buprenorphine contain the following language in 18VAC85-21-130(A).  "Practitioners engaged in office-based opioid addiction treatment with buprenorphine shall have obtained a SAMHSA waiver and the appropriate U.S. Drug Enforcement Administration registration." 

With the elimination of the SAMHSA waiver and the DEA X-number, it has been determined that the Board will immediately suspend enforcement of 18VAC85-21-130(A) and pursue its removal from the regulations.



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Virginia Board of Medicine | Contact the Board
William L. Harp, MD, Executive Director
John R. Clements, DPM, President