Online Prescribing

“Physician-patient relationship” means a medical connection between a licensed physician and a patient that includes an in-person exam or an exam using telemedicine, as defined in RSA 310, provided the physician:

• verifies the identity of the patient receiving health care services through telemedicine;
• discloses to the patient the physician’s name, contact information, and the type of health occupation license held by the physician;
• obtains oral or written consent from the patient or from the patient’s parent or guardian, if state law requires the consent of a parent or guardian for use of telemedicine services; and
• meets the standard of care. A physician shall complete or review a history, a diagnosis, a treatment plan appropriate for the licensee’s medical specialty, and documentation of all prescription drugs including name and dosage.

A licensee may prescribe for a patient whom the licensee does not have a physician-patient relationship under the following circumstances:

• writing admission orders for a newly hospitalized patient;
• for a patient of another licensee for whom the prescriber is taking call;
• for a patient examined by a physician associate, nurse practitioner, or other licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient’s first appointment or when providing limited treatment to a family member in accordance with the American Medical Association Code of Medical Ethics.

Prescribing drugs to individuals without a physician-patient relationship shall be unprofessional conduct subject to discipline under RSA 329:17, VI.

The definition of a physician-patient relationship shall not apply to a physician licensed in another state who is consulting to a New Hampshire licensed physician with whom the patient has a relationship.

SOURCE: NH Revised Statutes Annotated, Sec. 329:1-c.  (Accessed Jan 2026).

A physician licensed under this chapter may prescribe non-opioid and opioid controlled drugs classified in schedule II through IV by means of telemedicine after establishing a physician-patient relationship with the patient. When prescribing a non-opioid or opioid controlled drug classified in schedule II through IV by means of telemedicine a subsequent in-person exam shall be conducted by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually. The prescription authority under this paragraph shall be limited to a physician licensed under this chapter, or a physician assistant in accordance with RSA 328-D:3-b, and all prescribing shall be in compliance with all federal and state laws and regulations.

A physician providing services by means of telemedicine directly to a patient shall:

• Use the same standard of care as used in an in-person encounter;
• Maintain a medical record; and
• Subject to the patient’s consent, forward the medical record to the patient’s primary care or treating provider, if appropriate.

A physician issuing a prescription for spectacle lenses, as defined in RSA 327-A:1, III, or a prescription for contact lenses, as defined in RSA 327-A:1, IV, by means of telemedicine directly to a patient shall:

• Obtain an updated medical history at the time of prescribing;
• Make a diagnosis at the time of prescribing;
• Conform to the standard of care expected of in-person care as appropriate to the patient’s age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patient’s condition;
• Not determine an ophthalmic prescription solely by use of an online questionnaire; and
• Upon request, provide patient records in a timely manner in accordance with the provisions of RSA 332-I and all other state and federal laws and regulations.

Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.

SOURCE: NH Revised Statutes Annotated, 329:1-d, (Accessed Jan. 2026).

An APRN licensed under this chapter may prescribe non-opioid and opioid controlled drugs classified in schedule II through IV by means of telemedicine after establishing an advanced practice registered nurse-patient relationship with the patient. When prescribing a non-opioid or opioid controlled drug classified in schedule II through IV by means of telemedicine a subsequent in-person exam shall be conducted by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually. The prescription authority under this paragraph shall be limited to an APRN licensed under this chapter, and all prescribing shall be in compliance with all federal and state laws and regulations.

SOURCE: NH Revised Statutes Annotated, 326-B:2 (Accessed Jan. 2026).

The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a).

Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.

The prescribing of an opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a).

The prescription authority under this paragraph shall be limited to a practitioner licensed to prescribe the drug and in compliance with all federal laws, including the United States Drug Enforcement Agency registration or waiver when required.

SOURCE: NH Revised Statutes Annotated 318-B:2(XVI). (Accessed Jan. 2026).

A physician providing services by means of telemedicine directly to a patient shall:

• Use the same standard of care as used in an in-person encounter;
• Maintain a medical record; and
• Subject to the patient’s consent, forward the medical record to the patient’s primary care or treating provider, if appropriate.

A physician issuing a prescription for spectacle lenses, as defined in RSA 327-A:1, III, or a prescription for contact lenses, as defined in RSA 327-A:1, IV, by means of telemedicine directly to a patient shall:

• Obtain an updated medical history at the time of prescribing;
• Make a diagnosis at the time of prescribing;
• Conform to the standard of care expected of in-person care as appropriate to the patient’s age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patient’s condition;
• Not determine an ophthalmic prescription solely by use of an online questionnaire; and
• Upon request, provide patient records in a timely manner in accordance with the provisions of RSA 332-I and all other state and federal laws and regulations.

Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.

SOURCE: NH Revised Statutes Annotated, 329:1-d (Accessed Jan. 2026).

A physician licensed under this chapter may prescribe non-opioid and opioid controlled drugs classified in schedule II through IV by means of telemedicine.  When prescribing a non-opioid or opioid controlled drug classified in schedule II through IV by means of telemedicine a subsequent evaluation shall be conducted by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.  All prescribing shall be in compliance with all federal and state laws and regulations.

A physician assistant licensed under this chapter may prescribe non-opioid and opioid controlled drugs classified in schedule II through IV by means of telemedicine.  When prescribing a non-opioid or opioid controlled drug classified in schedule II through IV by means of telemedicine, a subsequent evaluation shall be conducted by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.  All prescribing shall be in compliance with all federal and state laws and regulations.

An APRN licensed under this chapter may prescribe non-opioid and opioid controlled drugs classified in schedule II through IV by means of telemedicine.  When prescribing a non-opioid or opioid controlled drug classified in schedule II through IV by means of telemedicine, a subsequent evaluation shall be conducted by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.  The prescription authority under this paragraph shall be limited to an APRN licensed under this chapter, and all prescribing shall be in compliance with all federal and state laws and regulations.

SOURCE:  Senate Bill 252 & NH Revised Statute Annotated Sec. 134:1, (Accessed Jan. 2026).