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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: WASHINGTON JOURNAL OF LAW, TECHNOLOGY & ARTS VOLUME 18, ISSUE 4 - SUMMER 2023 TIKTOK TOLD ME I HAVE ADHD: REGULATORY OUTLOOK FOR THE TELEHEALTH REVOLUTION Kaitlin Campanini' * ABSTRACT 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.