Petition to Protect Access to Mental Health Medications in California

To: Members of the California State Legislature

We, the undersigned, respectfully urge California’s elected officials to take immediate action in response to recent pharmacy policies that are denying patients access to necessary stimulant medications. Large pharmacy chains including Walgreens, CVS, and Costco have implemented restrictions that prevent the filling of prescriptions for stimulant medications—such as those used to treat ADHD—when:

The prescriber’s office is geographically distant from the pharmacy, or
The patient was seen via telehealth rather than in-person.

These blanket refusals are causing serious harm to patient care and are not based on current California law or the policies of the Medical Board of California (MBC). California law clearly permits the prescription of controlled substances via telehealth, provided that the prescriber is licensed in California and meets the standard of care. The MBC affirms that:

"Physicians using telehealth technologies to provide care to patients located in California must be licensed in California. Physicians are held to the same standard of care... regardless of whether they are practicing via telehealth or face-to-face, in-person visits." (mbc.ca.gov)

In addition, the U.S. Drug Enforcement Administration and the Department of Health and Human Services have extended federal telemedicine prescribing flexibilities through December 31, 2025, affirming that controlled substances may be prescribed via telehealth under specified conditions.

The Consequences of These Pharmacy Policies Are Dire:

• Children with ADHD are being denied timely access to medications essential for their development and academic success.
• Underserved and rural communities are disproportionately affected, as they often rely on telehealth due to limited access to in-person specialists.
• Patients with disabilities or limited transportation options face additional barriers when telehealth prescriptions are rejected without cause.

These policies directly undermine equitable access to care and place unnecessary burdens on patients and healthcare providers alike.

We, the Undersigned, Call on the California Legislature to:

• Investigate the legality and ethics of pharmacy chains refusing valid telehealth prescriptions.
• Enforce compliance with state laws and MBC guidelines regarding the prescription of controlled substances.
• Enact legislation to ensure that patients have access to their prescribed medications, regardless of how or where they were seen by a licensed medical provider.

Every Californian deserves fair and timely access to essential medications, whether they are seen in person or through telehealth. We urge you to act now to protect the mental health and well-being of our communities.