Professional Requirements

Cross-State Licensing

When telehealth is used, it is considered to be rendered at the physical location of the patient, and therefore a provider typically needs to be licensed in the patient’s state.  A few states have licenses or telehealth specific exceptions that allow an out-of-state provider to render services via telemedicine in a state where they are not located, or allow a clinician to provide services via telehealth in a state if certain conditions are met (such as agreeing that they will not open an office in that state). Still other states have laws that don’t specifically address telehealth and/or telemedicine licensing, but make allowances for practicing in contiguous states, or in certain situations where a temporary license might be issued provided the specific state’s licensing conditions are met.

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Disclaimer

PLEASE NOTE: CCHP is providing the following for informational purposes only. We are not providing legal advice or interpretation of the laws and regulations and policies. CCHP encourages you to check with the appropriate state agency for further information and direction. This information should not be construed as legal counsel. Consult with an attorney if you are seeking a legal opinion.

Federal

Last updated 09/01/2022

Veterans Benefits

Notwithstanding any provision of law regarding the licensure …

Veterans Benefits

Notwithstanding any provision of law regarding the licensure of health care professionals, a covered health care professional may practice the health care profession of the health care professional at any location in any State, regardless of where the covered health care professional or the patient is located, if the covered health care professional is using telemedicine to provide treatment to an individual.

For purposes of this section, a covered health care professional is any health care professional who—

  • is an employee of the Department;
  • is authorized by the Secretary to provide health care under this chapter;
  • is required to adhere to all standards for quality relating to the provision of medicine in accordance with applicable policies of the Department; and
    • has an active, current, full, and unrestricted license, registration, or certification in a State to practice the health care profession of the health care professional; or
    • with respect to a health care profession listed under section 7402(b) of this title, has the qualifications for such profession as set forth by the Secretary.

The provisions of this section shall supersede any provisions of the law of any State to the extent that such provision of State law are inconsistent with this section.

No State shall deny or revoke the license, registration, or certification of a covered health care professional who otherwise meets the qualifications of the State for holding the license, registration, or certification on the basis that the covered health care professional has engaged or intends to engage in activity covered by subsection (a).

SOURCE:  38 USCS Sec. 1730C, (Accessed Sept. 2022).

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Alabama

Last updated 11/15/2022

Physicians who engage in the provision of telehealth medical services …

Physicians who engage in the provision of telehealth medical services to any individual in this state must possess a full and active license to practice medicine or osteopathy issued by the Medical Licensure Commission.

Notwithstanding the section above, a physician who engages in the provision of telehealth medical services to any individual in this state is not required to possess a license issued by the Medical Licensure Commission, if either of the following apply:

  • The services are provided on an irregular or infrequent basis. The term “irregular or infrequent” refers to telehealth medical services occurring less than 10 days in a calendar year or involving fewer than 10 patients in a calendar year.
  • The services are provided in consultation, as further provided by Section 34-24-74, with a physician licensed to practice medicine or osteopathy in this state.

Nothing in this article shall be construed to apply to or to restrict the provision of health-related services via telehealth by a health care provider other than a physician, provided that those health-related services are within the scope of practice of the health care professional licensed in Alabama.

SOURCE: AL Code Sec. 34-24-702 & Senate Bill 272 (2022 Session), (Accessed Nov. 2022).

Alabama Board of Medical Examiners and Medical Licensure Commission – Telemedicine

Physicians who engage in the provision of telehealth medical services to any individual in Alabama must possess a full and active license to practice medicine in Alabama.  The provision of telehealth medical services is deemed to occur at the patient’s physical location within Alabama at the time telehealth medical services are provided.  Telehealth services that do not require an Alabama license:

  • The physician is licensed in another state or D.C.; and services are irregular or infrequent (less than ten days/calendar year or ten patients/a calendar year); or
  • Services are provided in consultation with an Alabama licensed physician, limited to ten days in a calendar year, or necessary medical care is provided to a patient being transported into Alabama.
  • Practitioners should consult an attorney with questions about when a license is required.

SOURCE: Alabama Board of Medical Examiners & Medical Licensure Commission, Telemedicine (Accessed Nov. 2022)

Speech-Language Pathology and Audiology

Providers must hold a license in the State of Alabama unless there is a qualifying exemption as noted in Code of Alabama 1975, Section 34-28A-3; 870-X-2-.01 and shall be in compliance with the statutory and regulatory requirements of the patient site.

SOURCE: AL Admin Code Ch. 870-X-7-.05 (Nov. 2022).

A licensed speech-language pathologist or audiologist, who resides in another state and who is not licensed by the Board, may perform speech-language pathology or audiology services in this state provided:

  1. The person is licensed under the laws of another state that has established licensure requirements at least equivalent to those established by the State of Alabama, or who holds a Certificate of Clinical Competence in speech-language pathology or audiology from the American Speech-Language-Hearing Association, or its equivalent; and
  2. Services are performed for no more than 30 days in any calendar year; and
  3. Services are performed in cooperation with a speech-language pathologist or audiologist licensed by the Board.

Any practitioner who does not meet the exemptions stated above must hold an Alabama license. This shall be required for all individuals providing services for consumers in Alabama via in-office practice as well as telepractice or any other electronic means.

See code for additional details.

SOURCE: AL Admin Code, 870-X-2-.01 (Accessed Nov. 2022)

Nursing

The licensed nurse must hold an active Alabama license or multistate license issued by a party state other than Alabama, as defined in Chapter 4 of these rules, in order to practice telenursing in the State of Alabama. The licensed nurse shall adhere to the existing Alabama Nurse Practice Act and Alabama Administrative Code.

SOURCE: AL Admin Code 610-X-6-.16, p. 31 ( Accessed Nov. 2022)

Hospitals

Hospitals may provide telemedicine services to their patients if these medical services are provided pursuant to a written contract. If these services are provided by contract with another hospital that hospital shall be a Medicare-participating hospital and assure the physicians providing the telemedicine services are privileged to offer the services in the second hospital and are licensed in Alabama. If these services are provided by a distant-site telemedicine entity other than a Medicare-participating hospital, the physicians must be appropriately credentialed to provide these services and must be licensed in Alabama.

SOURCE: AL Admin Code 420-5-7-.09 p. 32 (Accessed Nov. 2022)

Optometry

An optometrist who is licensed by another state to practice optometry, but who is not licensed in the state of Alabama pursuant to §§ 34-22-20 or 34-22-21, who utilizes telemedicine to provide optometric services in the state of Alabama from a distant site outside of the state of Alabama during a state of emergency is not subject to the requirements of this article. For the purposes of this section 13.08(1), a state of emergency means a natural or man-made disaster for which the Governor of the State of Alabama has declared or proclaimed a state of emergency or where the President of the United States has declared a disaster in accordance with the Disaster Relief and Emergency Assistance Act of 1988 as amended. For the exemption contained in this section to apply, the patient receiving telemedicine services from the distant site must be located within the geographical boundaries established in the governor’s declaration of a state of emergency or the president’s disaster declaration.

A provider who is contacted in an emergency shall not be subject to the notice and security provisions of this article. The provisions of this section 13.08(2) shall not apply to any non-emergency optometric services provided to the patient as a continuation of treatment initiated in the emergency or for a different condition or issue which arises later. For the purposes of this section 13.08(2), an emergency shall have the meaning and definition set out in section 13.01(2) above.

SOURCE: AL Admin Code 630-X-13-.08, (Accessed Nov. 2022).

A licensed optometrist, who is not licensed in Alabama pursuant to Section 34-22-20 or Section 34-22-21, who utilizes telemedicine across state lines in an emergency, as defined by the board, is not subject to the requirements of this article.

A provider that is contacted in an emergency is not subject to the notice and security provisions of this article, but is subject to those provisions should any nonemergency care continue with the patient.

SOURCE: AL Code Sec. 34-22-85, (Accessed Nov. 2022).

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Alaska

Last updated 11/17/2022

A health care provider licensed in this state may provide …

A health care provider licensed in this state may provide health care services within the health care provider’s authorized scope of practice to a patient in this state through telehealth without first conducting an in person visit.

A physician licensed in another state may provide health care services through telehealth to a patient located in the state as provided in this subsection, subject to the investigative and enforcement powers of the department under AS 08.01.087, and subject to disciplinary action by the State Medical Board under AS 08.64.333. The privilege to practice under this subsection extends only to (1) ongoing treatment or follow-up care related to health care services previously provided by the physician to the patient and applies only if

  • the physician and the patient have an established physician patient relationship; and
  • the physician has previously conducted an in-person visit with the patient; or

A visit regarding a suspected or diagnosed life-threatening condition for which

  • the patient has been referred to the physician licensed in another state by a physician licensed in this state and that referral has been documented by the referring physician; and
    the visit involves communication with the patient regarding diagnostic or treatment plan options or analysis of test results for the life threatening condition.

If a health care provider determines in the course of a telehealth encounter with a patient under this section that some or all of the encounter will extend beyond the health care provider’s authorized scope of practice, the health care provider shall advise the patient that the health care provider is not authorized to provide some or all of the services to the patient, recommend that the patient contact an appropriate provider for the services the health care provider is not authorized to provide, and limit the encounter to only those services the health care provider is authorized to provide.  The health care provider may not charge for any portion of an encounter that extends beyond the health care provider’s authorized scope of practice.

A fee for a service provided through telehealth under this section must be reasonable and consistent with the ordinary fee typically charged for that service and may not exceed the fee typically charged for that service.

SOURCE: AK House Bill 265 (2022 Session) and Sec. 08.01.085, (Accessed Nov. 2022).

The board may sanction a physician licensed in another state who provides health care services through telehealth (see statute for list of criteria and repercussions).

SOURCE: AK House Bill 265 (2022 Session) and Sec. 08.64.333, (Accessed Nov. 2022).

Emergency Medical Services

An individual certified or licensed under this chapter may practice within the individual’s authorized scope of practice under this chapter through telehealth with a patient in this state if the individual’s certification or license is in good standing.

If an individual certified or licensed under this chapter determines in the course of a telehealth encounter with a patient that some or all of the encounter will extend beyond the individual’s authorized scope of practice, the individual shall advise the patient that the individual is not authorized to provide some or all of the services to the patient, recommend that the patient contact an appropriate provider for the services the individual is not authorized to provide, and limit the encounter to only those services the individual is authorized to provide. The individual certified or licensed under this chapter may not charge for any portion of an encounter that extends beyond the individual’s authorized scope of practice.

A fee for a service provided through telehealth under this section must be reasonable and consistent with the ordinary fee typically charged for that service and may not exceed the fee typically charged for that service.

An individual certified or licensed under this chapter may not be required to document a barrier to an in-person visit to provide health care services through telehealth. The department or the council may not limit the physical setting from which an individual certified or licensed under this chapter may provide health care services through telehealth.

SOURCE: AK House Bill 265 (2022 Session) and Sec. 18.08.100, (Accessed Nov. 2022).

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Arizona

Last updated 10/19/2022

A health care provider who is not licensed in Arizona …

A health care provider who is not licensed in Arizona may provide telehealth services to a person located in Arizona if the health care provider complies with all of the following:

  1. Registers with the state’s applicable health care provider regulatory board or agency that licenses comparable health care providers on an application prescribed by the board or agency that contains certain elements (see law text).
  2. Before prescribing a controlled substance to a patient, registers with the controlled substances prescription monitoring program.
  3. Pays the registration fee as determined by the applicable health care provider regulatory board or agency.
  4. Holds a current, valid and unrestricted license to practice in another state that is substantially similar to a license issued in Arizona to a comparable health care provider and is not subject to any past or pending disciplinary proceedings in any jurisdiction. The health care provider shall notify the applicable health care provider regulatory board or agency within five days after any restriction is placed on the health care provider’s license or any disciplinary action is initiated or imposed. The health care provider regulatory board or agency registering the health care provider may use the national practitioner databank to verify the information submitted.
  5. Acts in full compliance with all applicable laws and rules of this state, including scope of practice, laws and rules governing prescribing, dispensing and administering prescription drugs and devices, telehealth requirements and the best practice guidelines adopted by the telehealth advisory committee on telehealth best practices established by section 36-3607.
  6. Complies with all existing requirements of Arizona and any other state in which the health care provider is licensed regarding maintaining professional liability insurance, including coverage for telehealth services provided in Arizona.
  7. Consents to this state’s jurisdiction for any disciplinary action or legal proceeding related to the health care provider’s acts or omissions under this article.
  8. Follows Arizona’s standards of care for that particular licensed health profession.
  9. Annually updates the health care provider’s registration for accuracy and submits to the applicable health care provider regulatory board or agency a report with the number of patients the provider served in Arizona and the total number and type of encounters for the preceding year

A health care provider who is registered pursuant to this section may not:

  • Open an office in this state, except as part of a multistate provider group that includes at least one health care provider who is licensed in this state through the applicable health care provider regulatory board or agency.
  • Provide in-person health care services to persons located in this state without first obtaining a license through the applicable health care provider regulatory board or agency.

A health care provider who is not licensed to provide health care services in Arizona but who holds an active license to provide health care services in another jurisdiction and who provides telehealth services to a person located in Arizona is not subject to the registration requirements of this section if either of the following applies:

  • The services are provided under one of the following circumstances:
    • In response to an emergency medication condition.
    • In consultation with a health care provider who is licensed in Arizona and who has the ultimate authority over the patient’s diagnosis and treatment.
    • To provide after-care specifically related to a medical procedure that was delivered in person in another state.
    • To a person who is a resident of another state and the telehealth provider is the primary care provider or behavioral health provider located in the person’s state of residence.
  • The health care provider provides fewer than ten telehealth encounters in a calendar year.

SOURCE: AZ Revised Statute Sec. 36-3606 (Accessed Oct. 2022).

Licensing requirements do not apply to:

  • A doctor of medicine residing in another jurisdiction who is authorized to practice medicine in that jurisdiction, if the doctor engages in actual single or infrequent consultation with a doctor of medicine licensed in this state and if the consultation regards a specific patient or patients.
  • A doctor of medicine who is licensed to practice in another jurisdiction if the doctor engages in the practice of medicine that is limited to patients with whom the doctor has an already established doctor-patient relationship and who reside outside this jurisdiction when both the doctor and the patient are physically in this state for not more than sixty consecutive days.  For the purposes of this paragraph, “patient” means a person who is not a resident of this state and who is an athlete or a professional entertainer.

SOURCE: AZ Revised Statute Sec. 32-1421. (Accessed Oct. 2022).

Behavioral health providers delivering care via telepractice to Arizona patients must be licensed by the Arizona Board of Behavioral Health Examiners. Arizona providers offering care to out of state residents “shall comply with not only A.R.S. Title 32, Chapter 33, and this Chapter but also the laws and rules of the jurisdiction in which the client is located.”

SOURCE: AZ Administrative Code, Title 4, Ch. 6, R4-6-1106. Telepractice, p. 27 (Accessed Oct. 2022)

Board of Physician Assistants

The Board establishes and shall collect a fee to register as an out-of-state health care provider of telehealth services.

SOURCE:  AZ Administrative Code, Title 4, Ch. 17, R4-17-204, (Accessed Oct. 2022).

Board of Psychologist Examiners

The Board establishes and shall collect a fee to register as an out-of-state health care provider of telehealth services.

SOURCE: AZ Administrative Code, R4-26-108, (Accessed Oct. 2022).

Board of Physical Therapy

The Board establishes and shall collect a fee to register as an out-of-state health care provider of telehealth services.

SOURCE: AZ Administrative Code, R4-24-107, (Accessed Oct. 2022).

Board of Medicine

The Board establishes and shall collect a fee to register as an out-of-state health care provider of telehealth services.

SOURCE: AZ Administrative Code, R4-16-205, (Accessed Oct. 2022).

Board of Osteopathic Examiners in Medicine and Surgery

The Board establishes and shall collect Annual Registration as an out-of-state health care provider of telehealth services.

SOURCE: AZ Administrative Code, R4-22-103, (Accessed Oct. 2022).

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Arkansas

Last updated 10/17/2022

An out-of-state physician utilizing an electronic medium who performs an …

An out-of-state physician utilizing an electronic medium who performs an act that is part of a patient care service that was initiated in Arkansas, including interpretation of an X-ray, that would affect the diagnosis or treatment, is engaged in the practice of medicine and subject to regulation by the Arkansas State Medical Board. This section does not apply to:

  • The acts of a medical specialist located in another jurisdiction who provides only episodic consultation services;
  • The acts of a physician located in another jurisdiction who is providing consultation services to a medical school;
  • Decisions regarding the approval of coverage under any insurance or health maintenance organization plan;
  • A service to be performed which is not available in the state;
  • A physician physically seeing a patient in person in another jurisdiction; or
  • Other acts exempted by the board by rule.

SOURCE: AR Code Revised 17-95-206. (Accessed Oct. 2022).

A healthcare professional who is treating patients in Arkansas through telemedicine shall be fully licensed or certified to practice in Arkansas and is subject to the rules of the appropriate state licensing or certification board.  Does not apply to the acts of a healthcare professional located in another jurisdiction who provides only episodic consultation services.

SOURCE: AR Code 17-80-404(d).  (Accessed Oct. 2022).

APRN

APRNs providing care via telemedicine to a patient located within the State of Arkansas shall be licensed to practice nursing in the State of Arkansas.

SOURCE: Rule 007.34.22-003, Sec XV. (Accessed Oct. 2022).

Physical Therapy 

All licensees providing care via telemedicine to a patient located within the State of Arkansas shall be licensed to practice physical therapy in the State of Arkansas.

SOURCE: Rule 007.33.22-017. (Accessed Jul. 2022). 

Psychology

An Arkansas licensee practicing in another state under Psypact’s Temporary Authority to Practice Interjurisdictional Psychology to Practice Interjurisdictional Telepsychology shall be subject to that state’s laws and rules, including scope of practice. Any disciplinary action taken by a Distant or Receiving State against an Arkansas licensee shall be reported to this Board and may result in additional discipline.

All Providers providing care via telepsychology to a patient/client located within the State of Arkansas shall:

  • be licensed to practice psychology in the State of Arkansas; or
  • be licensed in a Psypact member state and follow all requirements to practice under Psycpact’s Authority to Practice Interjurisdictional Telepsychology.

SOURCE: Rules and Regulations Board of Psychology, Sec. 007.00.22-001, (Accessed Oct. 2022).

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California

Last updated 09/06/2022

Physicians need not reside in California, as long as they …

Physicians need not reside in California, as long as they have a valid, current California license.

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, and retain the same responsibilities of providing informed consent, ensuring the privacy of medical information, and any other duties associated with practicing medicine regardless of whether they are practicing via telehealth or face-to-face, in-person visits.

SOURCE: Medical Board of California. Telehealth Resources. (Accessed Sept. 2022).

All persons engaging in the practice of marriage and family therapy, educational psychology, clinical social work, or professional clinical counseling via telehealth, as defined in Section 2290.5 of the Code, with a client who is physically located in this State must have a valid and current license or registration issued by the Board.

SOURCE: CA Code of Regulations, Title 16, Div. 18, Art. 1, Sec. 1815.5(a). (Accessed Sept. 2022).

In order to provide occupational therapy services via telehealth as defined in Section 2290.5 of the Code, an occupational therapist or occupational therapy assistant providing services to a patient or client in this State must have a valid and current license issued by the Board.

SOURCE: CA Code of Regulations, Title 16, Div. 39, Art. 8, Sec. 4172(a). (Accessed Sept. 2022).

A licensee is permitted to provide psychological health care services via telehealth subject to the laws and regulations of the other jurisdiction where either the licensee and/or the client is located, including, but not limited to, the following circumstances:

  • To a client at an originating site in this State, as defined in section 2290.5 of the Code, when a licensee is located at a distant site within this State.
  • To a client who has received services in this State, and who is temporarily located outside of this State.
  • To a client who is located in this State when a licensee is temporarily located outside of this State.

SOURCE: CA Code of Regulations, Title 16, Div. 13.1, Art. 8, Sec. 1396.8(a). (Accessed Sept. 2022).

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Colorado

Last updated 10/20/2022

Mental Health Providers

Limited licensure exemptions exist in CO Revised …

Mental Health Providers

Limited licensure exemptions exist in CO Revised Statutes for certain mental health providers, including out-of-state practitioners as follows:

A person who resides in another state and who is currently licensed or certified as a psychologist, marriage and family therapist, clinical social worker, professional counselor, or addiction counselor in that state to the extent that the licensed or certified person performs activities or services in this state, if the activities and services are:

  • Performed within the scope of the person’s license or certification;
  • Do not exceed twenty days per year in this state;
  • Are not otherwise in violation of this article 245; and
  • Disclosed to the public that the person is not licensed or certified in this state

SOURCE: Colorado Revised Statutes 12-245-217. (Accessed Oct. 2022).

Colorado Medical Board

Providers who evaluate, treat or prescribe through telehealth technologies are practicing medicine. The practice of medicine occurs where the patient is located at the time telehealth technologies are used. Therefore, a provider must be licensed to practice medicine in the state of Colorado in order to evaluate or treat patients located in Colorado utilizing telehealth technologies or otherwise.

SOURCE: The Colorado Medical Board Policies, 40-27, page 101. Guidelines for the Appropriate Use of Telehealth Technologies in the Practice of Medicine. 8/19/21. (Accessed Oct. 2022).

Colorado Mental Health Boards

Providers who evaluate or treat through teletherapy technologies are practicing psychotherapy. The practice of psychotherapy occurs where the patient is located at the time teletherapy technologies are used. Therefore, a provider must be licensed, certified, or registered to practice psychotherapy in the state of Colorado in order to evaluate or treat patients located in Colorado utilizing teletherapy technologies or otherwise.

SOURCE: State Board of Psychologist Examiners Policies, 30-1, page 11. Teletherapy Policy – Guidance regarding Psychotherapy through Electronic Means. 2/2/18. (Accessed Oct. 2022).

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Connecticut

Last updated 08/10/2022

Effective Now Until June 30, 2023

Until June 30, 2023, …

Effective Now Until June 30, 2023

Until June 30, 2023, the following providers in another state or territory of the United States or the District of Columbia, that provide telehealth services pursuant to his or her authority under any relevant order issued by the Commissioner of Public Health, and maintains professional liability insurance or other indemnity against liability for professional malpractice in an amount that is equal to or greater than that required for similarly licensed, certified or registered Connecticut health care providers, are considered a telehealth provider:

  • Physician
  • Physician assistant
  • Physical therapist or physical therapist assistant
  • Chiropractor
  • Naturopath
  • Podiatrist
  • Occupational therapist or occupational therapy assistant
  • Optometrist
  • Registered nurse or advanced practice registered nurse
  • Psychologist
  • Marital and family therapist
  • Clinical social worker
  • Master social worker
  • Alcohol and drug counselor
  • Professional counselor
  • Dietitian-nutritionist
  • Speech and language pathologist
  • Respiratory care practitioner
  • Audiologist
  • Pharmacist
  • Paramedic
  • Nurse-midwife
  • Dentist
  • Behavior analyst
  • Genetic counselor
  • Music therapist
  • Art therapist
  • Athletic trainer

Effective Now Until June 30, 2024

Ending on June 30, 2024, any Connecticut entity, institution or health care provider that engages or contracts with a telehealth provider that is licensed, certified or registered in another state or territory of the United States or the District of Columbia to provide health care or other health services shall verify the credentials of such provider in the state in which he or she is licensed, certified or registered, ensure that such a provider is in good standing in such state, and confirm that such provider maintains professional liability insurance or other indemnity against liability for professional malpractice in an amount that is equal to or greater than that required for similarly licensed, certified or registered Connecticut health care providers.

Ending on June 30, 2024, the Commissioner of Public Health may temporarily waive, modify or suspend any regulatory requirements adopted by the Commissioner of Public Health or any boards or commissions as the Commissioner of Public Health deems necessary to reduce the spread of COVID-19 and to protect the public health for the purpose of providing residents of this state with telehealth services from out-of-state practitioners.

See COVID-19 Licensing Section in regard to any effective temporary orders.

SOURCE: HB 5596 (2021 Session) & SB 2 (2022 Session) & Practitioner Licensing CDPH (Accessed Aug. 2022).

Effective July 1, 2022

The Commissioner of Public Health may issue an order authorizing telehealth providers who are not licensed, certified or registered to practice in this state to provide telehealth services to patients in this state. Such order may be of limited duration and limited to one or more types of providers described in subdivision (13) of subsection (a) of section 1 of public act 21-9, as amended by this act, or subdivision (12) of subsection (a) of section 19a906 of the general statutes, as amended by this act. The commissioner may impose conditions including, but not limited to, a requirement that any telehealth provider providing telehealth services to patients in this state pursuant to such order shall submit an application for licensure, certification or registration, as applicable. The commissioner may suspend or revoke any authorization provided pursuant to this section to a telehealth provider who violates any condition imposed by the commissioner or applicable requirements for the provision of telehealth services under the law. Any such order issued pursuant to this section shall not constitute a regulation, as defined in section 4-166 of the general statutes.

SOURCE: SB 2 (2022 Session), Sec. 33 & Practitioner Licensing CDPH (Accessed Aug. 2022).

Permanent Statute

Department of Public Health may establish a process of accepting an applicant’s license from another state and may issue that applicant a license to practice medicine in the state without examination, if certain conditions are met.

SOURCE: CT General Statutes 20, Sec. 12. (Accessed Aug. 2022). 

Effective Now Until July 1, 2024

Notwithstanding the provisions of section 1 of public act 21-9 and section 19a-906 of the general statutes, prior to July 1, 2024, a person who is appropriately licensed as a social worker in another state or territory of the United States or the District of Columbia may provide telehealth services to a resident of another state while such resident is in this state, provided the social worker (1) has a preexisting professional relationship with such resident, and (2) maintains professional liability insurance, or other indemnity against liability for professional malpractice, in an amount that is equal to or greater than that required for clinical or master social workers licensed pursuant to chapter 383b of the general statutes.

SOURCE: HB 5001 (2022 Session), Sec. 5. (Accessed Aug. 2022).

Effective July 1, 2024

A telehealth provider also is to include an appropriately licensed, certified or registered provider as listed below in another state or territory of the United States or the District of Columbia, who (i) provides telehealth services under any relevant order issued pursuant to section 33 of this act, (ii) provides mental or behavioral health care through the use of telehealth within such person’s scope of practice and in accordance with the standard of care applicable to the profession, and (iii) maintains professional liability insurance, or other indemnity against liability for professional malpractice, in an amount that is equal to or greater than that required for similarly licensed, certified or registered Connecticut mental or behavioral health care providers:

  • physician
  • naturopath
  • registered nurse
  • advanced practice registered nurse
  • physician assistant
  • psychologist
  • marital and family therapist
  • clinical social worker
  • master social worker
  • alcohol and drug counselor
  • professional counselor
  • dietitian-nutritionist
  • nurse-midwife
  • behavior analyst
  • music therapist
  • art therapist

SOURCE: SB 2 (2022 Session), Sec. 30. (Accessed Aug. 2022).

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Delaware

Last updated 08/24/2022

Telehealth and telemedicine may be practiced without a health-care provider-patient …

Telehealth and telemedicine may be practiced without a health-care provider-patient relationship during:

  1. Informal consultation performed by a health-care provider outside the context of a contractual relationship and on an irregular or infrequent basis without the expectation or exchange of direct or indirect compensation.
  2. Furnishing of assistance by a health-care provider in case of an emergency or disaster when circumstances do not permit the establishment of a health-care provider-patient relationship prior to the provision of care if no charge is made for the medical assistance.
  3. Episodic consultation by a specialist located in another jurisdiction who provides such consultation services at the request of a licensed health-care professional.
  4. Circumstances which make it impractical for a patient to consult with the health-care provider in-person prior to the delivery of telemedicine services.

A mental health provider, behavioral health provider, or social worker licensed in another jurisdiction who would be authorized to deliver health-care services by telehealth or telemedicine under this chapter if licensed in this State pursuant to Chapter 30 (Mental Health and Chemical Dependency Professionals), Chapter 35 (Psychologists), or Chapter 38 (Social Workers) of this title may provide treatment to Delaware residents through telehealth and telemedicine services. The Division of Professional Regulation shall require any out-of-state health-care provider practicing in this State pursuant to this section to complete a Medical Request Form and comply with any other registration requirements the Division of Professional Regulation may establish.

SOURCE: Title 24, Ch. 60, Sec. 6005. (Accessed Aug. 2022).

Social Work Examiners Licensure Exemptions

General licensure requirements do not apply to an individual who meets any of the following criteria:

  • Is licensed in good standing to practice social work in another jurisdiction, provided that the individual has made prior written application to the Board to practice social work in this State and the Board has approved the application. An individual may practice social work, within the scope of practice designated by the individual’s license, in this State under this subsection for no more than 30 days per year. An individual who provides services under this subsection is deemed to have submitted to the Board’s jurisdiction and bound by the laws of this State.
  • Is certified or licensed in this State by any other law, and is engaged in and acting within the scope of the profession or occupation for which the individual is certified or licensed.
  • Is clergy of any denomination, when engaging in activities that are within the scope of the performance of that individual’s regular or specialized ministerial duties.
  • Performs assessments such as basic information collection, gathering of demographic data, and informal observations, screening, and referral to determine a client’s general eligibility for a program or service and a client’s functional status for the purpose of determining need for services unrelated to a behavioral health diagnosis or treatment plan.
  • Creates, develops, or implements a service plan unrelated to a behavioral health diagnosis or treatment plan. Service plans may include job training and employability, housing, general public assistance, in-home services and supports or home-delivered meals, de-escalation techniques, peer services, or skill development.
  • Participates as a member of a multi-disciplinary team to implement behavioral health services or a treatment plan in certain circumstances.
  • Individuals exempted under this paragraph (c)(1)f. do not engage in any of the following restricted practices:
    • Diagnosis of mental, emotional, behavioral, addictive, and developmental disorders and disabilities.
    • Client assessment and evaluation.
    • Provision of psychotherapeutic treatment.
    • Development and implementation of assessment-based treatment plans.

Nothing in this subsection may be construed as requiring a license for any particular activity or function solely because the activity or function is not listed in this subsection.

Social Worker Reciprocity

Upon payment of the required fee and submission and acceptance of a written application on forms that the Board provides, the Board shall grant a license to an applicant who has done all of the following:

  1. Presented proof of a current, active license in good standing and with no disciplinary action taken against the applicant in another jurisdiction whose standards the Board has determined are substantially similar to those of this State.
  2. Presented proof that, in any other jurisdiction in which the applicant is or was licensed, the applicant’s license is in good standing or the applicant is voluntarily no longer licensed.
  3. Successfully passed an examination that the Board designated under § 3906(a)(3) of this title.
  4. Provided the Board with a certified statement as to whether any outstanding or ongoing disciplinary actions or ethical violations are against the applicant, or whether the applicant has engaged in any of the acts or offenses that may be grounds for disciplinary action under this chapter. Applicants are deemed to consent to the release of information regarding disciplinary actions or ethical violations and waive all objections to the admissibility of the information as evidence at any hearing or other proceeding to which the applicant may be subject under this chapter.

An applicant who has a license in another jurisdiction that has less stringent requirements than those of this State may obtain a license under this section if the applicant can prove to the Board’s satisfaction that the applicant has worked in another jurisdiction in the field for which the applicant is seeking a license in this State for at least 5 years in the 7 years immediately preceding application in this State. The Board may determine whether the requirements of another jurisdiction are less stringent than those of this State.

SOURCE: Title 24, Chap. 39, Sec. 3903 & 3909. (Accessed Aug. 2022).

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District of Columbia

Last updated 09/03/2022

Must have license to practice medicine in the District of …

Must have license to practice medicine in the District of Columbia.

For any services rendered outside the District of Columbia, the provider of the services shall meet any licensure requirement of the jurisdiction in which the patient is physically located.

A District of Columbia-licensed physician may rely on a patient evaluation performed by another District of Columbia-licensed physician if the former is providing coverage for the latter.

SOURCE: DC Regs. Sec. 17-4618.1 & .6. (Accessed Sept. 2022).

 

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Florida

Last updated 10/26/2022

A health care professional not licensed in this state may …

A health care professional not licensed in this state may provide health care services to a patient located in this state using telehealth if the health care professional registers with the applicable board, or the department if there is no board, and provides health care services within the applicable scope of practice established by Florida law or rule.

See law for specific provider requirements.

An out-of-state provider must have professional liability coverage or financial responsibility that includes coverage for telehealth services provided to patients not located in the provider’s home state.  A health care professional registered under this section may not open an office or provide in-person services.  The Department is required to publish all registrants on its website with specific requirements outlined in the law.

SOURCE: FL Statute 456.47 & Florida Board of Medicine. (Accessed Oct. 2022).

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Georgia

Last updated 10/22/2022

The Board is authorized to issue telemedicine licenses to physicians …

The Board is authorized to issue telemedicine licenses to physicians who are licensed in other states but not licensed in Georgia.  See law for specific requirements to qualify for telemedicine license.

SOURCE:  Official Code of GA Annotated Sec. 43-34-31.1. (Accessed Oct. 2022).

All treatment and/or consultations must be done by Georgia licensed practitioners.

SOURCE:  GA Rules & Regulations Sec. 360-3-.07 (Accessed Oct. 2022).

Requirements for Telemedicine Licensure

  • Must meet the requirements of Rule 360-2-.01 and hold a full and unrestricted license to practice medicine in another state.
  • Telemedicine License will be limited to the practice of telemedicine and shall not be used to practice medicine physically in this state on a patient that is in this state, unless an emergency.
  • Must maintain records in accordance with Rule 360-3-.02(16)
  • Must adhere to Rule 360-3-.07
  • Once licensed applicant must notify the Board of any restrictions placed on his or her license or revocation of his or her license by a licensing board or entity in another state.
  • Issuance of this license is at the discretion of the Board.
  • The denial of a telemedicine license is not a contested case, but the applicant shall be entitled to an appearance before the Board.

SOURCE:  GA Rules & Regulations Sec. 360-2-.17 (Accessed Oct. 2022).

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Hawaii

Last updated 10/29/2022

Recently Signed Legislation (6/2022)

SB 2798 temporarily allows out-of-state veterinarians …

Recently Signed Legislation (6/2022)

SB 2798 temporarily allows out-of-state veterinarians to practice in the state. The board may issue a 30-day courtesy permit to a veterinarian licensed in another state. The permit may be renewed once in any twelve-month period provided that the permit shall not exceed sixty days total days in a twelve-month period.

SOURCE: SB 2798 (2022 Session). (Accessed Oct. 2022).

A licensed out-of-state practitioner of medicine or surgery can utilize telehealth to consult with a Hawaii licensed physician or osteopathic physician as long as they don’t open an office or meet with patients in the state; the HI licensed provider retains control of the patient; and the laws and rules relating to contagious diseases are not violated.

Commissioned medical officers or psychologists employed by the US Department of Defense and credentialed by Tripler Army Medical Center are exempt from licensing requirements when providing services to neighbor island beneficiaries within a Hawaii national guard armory.

SOURCE: HI Revised Statutes Sec. 453-2(3-4). (Accessed Oct. 2022).

Licensed out-of-state radiologists located in Hawaii, may provide services via telemedicine to patients located in another state that the radiologist is licensed to practice in.

SOURCE: HI Revised Statutes § 453-2(b) (7). (Accessed Oct. 2022).

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Idaho

Last updated 08/22/2022

Where permitted by law, an applicant, in good standing with …

Where permitted by law, an applicant, in good standing with no restrictions upon or actions taken against their license to practice in a state, territory or district of the United States or Canada is eligible for licensure by endorsement to practice medicine in Idaho.

SOURCE: IDAPA – Division Of Occupational And Professional Licenses -24.33.03, p. 3 (Accessed Aug. 2022)

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Illinois

Last updated 11/18/2022

Must have an IL medical license.  An out-of-state person providing …

Must have an IL medical license.  An out-of-state person providing a service to a patient in IL through telemedicine submits himself or herself to the jurisdiction of the courts of IL. (Scheduled to be repealed Jan. 1, 2027).

SOURCE: IL Compiled Statutes, Chapter 225, 60/49.5(e) (Accessed Nov. 2022).

A health care professional treating a patient located in this State through telehealth services must be licensed or authorized to practice in Illinois.

SOURCE: IL Compiled Statutes, Chapter 225, 150/10. (Accessed Nov. 2022).

An optometrist treating a patient located in this State through telehealth must be licensed under this Act.

SOURCE: IL Compiled Statutes Chapter 225, 80/15.4. (Accessed Nov. 2022).

Telemedicine means the performance of any of the activities listed in Section 49, including, but not limited to, rendering written or oral opinions concerning diagnosis or treatment of a patient in Illinois by a person in a different location than the patient as a result of transmission of individual patient data by telephonic, electronic, or other means of communication. “Telemedicine” does not include the following:

  1. periodic consultations between a person licensed under this Act and a person outside the State of Illinois;
  2. a second opinion provided to a person licensed under this Act;
  3. diagnosis or treatment services provided to a patient in Illinois following care or treatment originally provided to the patient in the state in which the provider is licensed to practice medicine; and
  4. health care services provided to an existing patient while the person licensed under this Act or patient is traveling.

This section is scheduled to be repealed on January 1, 2027.

SOURCE: IL Compiled Statutes, Chapter 225, 60/49.5(c). (Accessed Nov. 2022). 

Social Work

A person not a resident of IL is not prohibited from performing social work via telehealth in the state for a nonresident of the state for not more than 5 days in any one month or more than 15 days in any one calendar year, that had a previous established therapeutic relationship with the nonresident, and the person is authorized to perform such services under the laws of the state or country in which the person resides.

A person who is not a resident of this state is not prohibited from performing social work via telehealth in this state for a nonresident of this state currently attending a university or college in this state, that had a previous established therapeutic relationship with the nonresident, and the person is authorized to perform such services under the laws of the state our country in which the person resides.

SOURCE: 225 ILCS 20/4 as amended by HB 4797 (2022 Session). (Accessed Nov. 2022).

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Indiana

Last updated 10/30/2022

A practitioner who is physically located outside Indiana is engaged …

A practitioner who is physically located outside Indiana is engaged in the provision of health care services in Indiana when the practitioner:

  • Establishes a provider-patient relationship under this chapter with; or
  • Determines whether to issue a prescription under this chapter for;

an individual who is located in Indiana.

A practitioner may not establish a provider-patient relationship with or issue a prescription for an individual who is located in Indiana unless the practitioner and the practitioner’s employer or the practitioner’s contractor, for purposes of providing health care services under this chapter, have certified in writing to the Indiana professional licensing agency, in a manner specified by the Indiana professional licensing agency, that the practitioner and the practitioner’s employer or practitioner’s contractor agree to be subject to:

  • The jurisdiction of the courts of law of Indiana; and
  • Indiana substantive and procedural laws;

Concerning any claim asserted against the practitioner, the practitioner’s employer, or the practitioner’s contractor arising from the provision of health care services under this chapter to an individual who is located in Indiana at the time the health care services were provided. The filing of the certification under this subsection shall constitute a voluntary waiver by the practitioner, the practitioner’s employer, or the practitioner’s contractor of any respective right to avail themselves of the jurisdiction or laws other than those specified in this subsection concerning the claim. However, a practitioner that practices predominately in Indiana is not required to file the certification required by this subsection.

A practitioner shall renew the certification required under subsection (b) at the time the practitioner renews the practitioner’s license.

A practitioner’s employer or a practitioner’s contractor is required to file the certification required by this section only at the time of initial certification.

SOURCE: IN Code, 25-1-9.5-9. (Accessed Oct. 2022).

Telehealth Provider Certification

The Telehealth Provider Certification is required by Indiana Code 25-1-9.5. In order for a practitioner to practice telehealth in Indiana, a copy of their individual certification and their employer’s certification must be filed with the Indiana Professional Licensing Agency. This certification is to ensure that the practitioner and their employer voluntarily agree to be subject to the jurisdiction of Indiana courts and Indiana substantive and procedural laws concerning the care of an individual who is located in Indiana at the time of service. These certifications must be completed before the provider may establish a provider-patient relationship for an individual in Indiana.

SOURCE: Indiana Professional Licensing Agency, Telehealth Home. (Accessed Oct. 2022).

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Iowa

Last updated 10/25/2022

Psychologists

For telepsychology a psychologist must be licensed or be

Psychologists

For telepsychology a psychologist must be licensed or be exempt from licensure in the jurisdiction where the patient or examinee is located.

SOURCE: Iowa Admin Code, Sec. 645-243.7, (Accessed Oct. 2022).

Physician Assistants

License Required: A physician assistant who uses telemedicine in the diagnosis and treatment of a patient located in Iowa shall hold an active Iowa physician assistant license consistent with state and federal laws.

SOURCE: Iowa Admin Code, Sec. 645-327.9, (Accessed Oct. 2022).

Hearing Aid Specialists

Conducting a telehealth appointment with a client who is physically located in Iowa during the appointment, regardless of the location of the hearing aid specialist, shall require Iowa licensure.

SOURCE: Iowa Admin Code, Sec. 645-123.5, (Accessed Oct. 2022).

Nursing

A registered nurse or licensed practical nurse who provides services through telehealth to a patient physically located in Iowa must hold an active license issued by the board or have an active privilege to practice in Iowa pursuant to the nurse licensure compact.

SOURCE: IA Admin Code Sec. 655-6.4(152), (Accessed Oct. 2022).

Board of Nursing – APRN

An advanced registered nurse practitioner who provides services through telehealth to a patient physically located in Iowa must be licensed by the board. A licensee who provides services through telehealth to a patient physically located in another state shall be subject to the laws and jurisdiction of the state where the patient is physically located.

SOURCE: IA Admin Code Sec. 655-7.9(152), (Accessed Oct. 2022).

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Kansas

Last updated 08/18/2022

Notwithstanding any other provision of law, a physician holding a …

Notwithstanding any other provision of law, a physician holding a license issued by the applicable licensing agency of another state or who otherwise meets the requirements of this section may practice telemedicine to treat patients located in the state of Kansas, if such physician receives a telemedicine waiver issued by the state board of healing arts. The state board of healing arts shall issue such a waiver within 15 days from receipt of a complete application, if the physician:

  • Submits a complete application that may include evidence in the form of an affidavit from an authorized third party that the applicant meets the requirements of this section in a manner determined by the state board of healing arts and pays a fee not to exceed $100; and
  • holds an unrestricted license to practice medicine and surgery in another state or meets the qualifications required under Kansas law for a license to practice medicine and surgery and is not the subject of any investigation or disciplinary action by the applicable licensing agency.

A physician practicing telemedicine in accordance with this subsection shall conduct an appropriate assessment and evaluation of the patient’s current condition and document the appropriate medical indication for any prescription issued.

Nothing in this section shall supersede or otherwise affect the provisions of K.S.A. 65-4a10, and amendments thereto, or K.S.A. 2020 Supp. 40-2,210 et seq., and amendments thereto.

Any person who receives a telemedicine waiver under the provisions of this section shall be subject to all rules and regulations pertaining to the practice of the licensed profession in this state and shall be considered a licensee for the purposes of the professional practice acts administered by the state board of healing arts.

A waiver issued under this section shall expire on the date of expiration established by the state board of healing arts unless renewed in the manner established by the state board of healing arts, including payment of an annual renewal fee not to exceed $100 and evidence that the applicant continues to meet the qualifications described in this section.

Notwithstanding any other provision of law to the contrary, a physician holding a license issued by the applicable licensing agency of another state may provide, without limitation, consultation through remote technology to a physician licensed in the state of Kansas.

An applicable healthcare licensing agency of this state may adopt procedures consistent with this section to allow other healthcare professionals licensed and regulated by such licensing agency to practice telemedicine within the scope of practice defined by Kansas law for such healthcare profession as deemed by such licensing agency to be consistent with ensuring patient safety.

Nothing in this section shall be construed to prohibit a licensing agency from denying an application for a waiver under this section if the licensing body determines that granting the application may endanger the health and safety of the public.

As used in this subsection, “telemedicine” means the delivery of healthcare services by a healthcare provider while the patient is at a different physical location.

SOURCE: KS Statute Sec. 65-28-135, (Accessed Aug. 2022).

A physician holding a license issued by the applicable licensing agency of another state may practice telemedicine to treat patients located in the state of Kansas, if such out-of-state physician holds a temporary emergency license granted pursuant to K.S.A. 2021 Supp. 48-965, and amendments thereto.

SOURCE: KS Statute Sec. 48-9-63, (Accessed Aug. 2022).

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Kentucky

Last updated 11/02/2022

A provider must be licensed in Kentucky with the exception …

A provider must be licensed in Kentucky with the exception of persons who, being nonresidents of Kentucky and lawfully licensed to practice medicine or osteopathy in their states of actual residence, infrequently engage in the practice of medicine or osteopathy within this state, when called to see or attend particular patients in consultation and association with a Kentucky-licensed physician.

SOURCE: KY Revised Statutes § 311.560. (Accessed Nov. 2022).

Recently Passed Legislation

If a state agency authorized or required to promulgate administrative regulations relating to telehealth chooses to promulgate an administrative regulation relating to telehealth, the state agency:

Shall not:

  • Prohibit the delivery of telehealth services to a person located in Kentucky by a provider who is a participant in a recognized interstate compact and delivers telehealth services to a person in Kentucky under the standards and provisions of that interstate compact; …
  • Prohibit the delivery of telehealth services to a person who is a permanent resident of Kentucky who is temporarily located outside of Kentucky by a provider who is credentialed by a Kentucky professional licensure board;
  • Prohibit the delivery of telehealth services to a person who is not a permanent resident of Kentucky who is temporarily located in Kentucky by a provider who is credentialed by a professional licensure board in the person’s state of permanent residence; or
  • Require a health care provider to be physically located in the state that he or she is credentialed in by a professional licensure board in order to provide telehealth services to a person who is a permanent resident of the same state. Nothing in this paragraph shall be construed to imply that the Kentucky Medicaid program would be responsible for reimbursement for any services provided in Kentucky by a provider not credentialed by the Kentucky Medicaid program; and

May promulgate administrative regulations, which shall be no more restrictive than administrative regulations for providers who deliver healthcare services in person, to establish additional requirements relating to telehealth, including requirements:

For the proper use and security of telehealth;

  • To address emergency situations, including but not limited to suicidal ideations or plans; threats to self or others; evidence of dependency, neglect, or abuse; or other life-threatening conditions;
  • To prevent waste, fraud, and abuse of telehealth services, both in general and specific to the provision of telehealth services delivered via audio-only encounters; or
  • That a telehealth provider be licensed in Kentucky, or as allowed under the standards and provisions of a recognized interstate compact, in order to receive reimbursement for telehealth services.

See Professional Board Standards section for the complete statute.

SOURCE: KY Revised Statutes 211.336 as amended by HB 188 (2022 Session). (Accessed Aug. 2022).

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Louisiana

Last updated 11/08/2022

Requirement for Permit/Qualifications. A physician who does not possess a …

Requirement for Permit/Qualifications. A physician who does not possess a Louisiana medical license shall not engage in the practice of medicine in this state via telemedicine, as defined in Chapter 75 of these rules, unless he or she holds a telemedicine permit issued by the board. A telemedicine permit is a limited license that provides lawful authority to a physician who does not hold a current, unrestricted Louisiana medical license to practice telemedicine with respect to patients located in this state. To be eligible for a telemedicine permit an applicant shall:

  • Possess the qualifications for licensing prescribed by § 311. of these rules;
  • Possess an unrestricted license to practice medicine issued by the medical licensing authority of a state other than Louisiana (whether allopathic or osteopathic);
  • Have completed a board-approved application and satisfied the applicable fee.

The board shall issue a telemedicine license to allow the practice of medicine across state lines to an applicant who holds a full and unrestricted license to practice medicine in another state or territory of the United States.

The board shall establish by rule in accordance with the Administrative Procedure Act the requirements for licensure including not opening an office in Louisiana, not meeting with patients in Louisiana, and not receiving calls in Louisiana from patients. The physician, when examining a patient by telemedicine, shall establish a bona fide physician-patient relationship by:

  • Conducting an appropriate examination of the patient as determined by the board.
  • Establishing a diagnosis through the use of accepted medical practices including but not limited to patient history, mental status, and appropriate diagnostic and laboratory testing.
  • Discussing with the patient any diagnosis as well as the risks and benefits of various treatment options.
  • Ensuring the availability for appropriate follow-up care.
  • Fulfilling any other requirements as deemed appropriate and necessary by the board.

SOURCE: LA Revised Statutes 37:1276.1. (Accessed Nov. 2022).

A physician who practices telemedicine by virtue of a telemedicine permit issued by the board shall not:

  • Open an office in this state;
  • Meet with patients in this state;
  • Receive telephone calls in this state from patients; or
  • Engage in the practice of medicine in this state beyond the limited authority conferred by his or her telemedicine permit.

No physician shall supervise, collaborate or consult with an allied health care provider located in this state via telemedicine unless he or she possesses a full and unrestricted license to practice medicine in this state and satisfies and complies with the prerequisites and requirements specified by all applicable laws and rules.

No physician shall utilize telemedicine to provide care to a patient who is physically located outside of this state, unless the physician possesses lawful authority to do so by the licensing authority of the state in which the patient is located.

SOURCE: LA Admin. Code 46: XLV. 7513. , p. 227 (Accessed Nov. 2022).

LA state agencies and professional boards can regulate the use of telehealth including licensing of out-of-state healthcare providers.  See rule for requirements.

SOURCE: LA Revised Statutes 40:1223.4 (Accessed Nov. 2022).

 A physician may practice in the state with a full license, or hold a telemedicine permit.

SOURCE: LA Admin. Code 46: XLV.7507. p. 226 (Accessed Nov. 2022).

Licensed Professional Counselors

Licensees shall provide services consistent with the jurisdictional licensing laws and rules in both the jurisdiction in which licensee is physically located and where the client is physically located. Licensees providing teletherapy services to clients outside of Louisiana must comply with the regulations in the state in which the client is located at the time of service. The licensee shall contact the licensing board in the state where the client is located and document all relevant regulations regarding teletherapy. A nonresident of Louisiana who wishes to provide teletherapy health services in Louisiana must be licensed by the board. Teletherapy is a specialty area and requires board approval. Licensees who may provide teletherapy must meet the following requirements:

  1. The licensee must be licensed in Louisiana.
  2. The licensee must be licensed in the state where the client is located if licensing is required.
  3. The licensee must complete: a. professional training with a minimum of 3 asynchronous or synchronous clock hours in teletherapy. The training shall meet continuing education standards established by the board.  See rule for list of requirements.

SOUCE: LA Admin. Code 46: LX.505., p. 7 (Accessed Nov. 2022).

Teledentistry

  1. Treatment or diagnosis via teledentistry may be provided to patients in Louisiana only by a dentist who holds a license issued by the Board of Dentistry. The Louisiana licensed dentist need not be in Louisiana while providing the teledentistry
  2. An exception to the requirement that the provider of teledentistry services to a patient in Louisiana hold a Louisiana license is when a Louisiana licensed dentist with an in-person relationship with a patient consults an expert with a valid dental license in another United States jurisdiction for advice regarding the patient’s treatment or diagnosis; in this case the expert consulted need not have a Louisiana license.
  3. The standard of care applicable to a provider of teledentistry services, including obtaining informed consent and record documentation, is no different from the standard of care required in traditional dentistry.

SOURCE: Department of Health Board of Dentistry amendment to LAC 46:XXXIII.203 p. 12 (Accessed Nov. 2022)

Requirements listed under Title 37, Chapter 15, Part 1 do not apply  to a consultation without limitation between a practicing physician licensed in this state and a practicing physician licensed in another state or jurisdiction.

SOURCE: LA Revised Statute 37:1291 (Accessed Aug. 2022).

Speech-Language Pathology and Audiology

The use of telehealth in the delivery of speech-language pathology or audiology services, regardless of where the services are rendered or delivered, constitutes the practice of speech-language pathology or audiology and shall require Louisiana licensure for in-state practitioners and telehealth registration for out-of-state practitioners.

SOURCE: LA Revised Statute Title 37, Sec. 2660.1, (Accessed Nov. 2022).

Board of Optometry

The practice of optometry is deemed to occur both where the patient is located and where the optometrist providing professional services is located and is hereby declared to affect the public health, safety and welfare, and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of optometry, as defined in this chapter, rendered to a person located in Louisiana or by an optometrist located in Louisiana be limited to qualified persons licensed to practice optometry in the state of Louisiana and registered as a telemedicine provider with the board.

An optometric telemedicine provider must hold an active Louisiana optometric license in good standing. Any optometric telemedicine license shall be renewed on an annual basis provided the licensee is in good standing and shall have the same renewal due dates as the basic optometric license.

SOURCE: LA Admin Code LAC 46:LI.509, (Accessed Nov. 2022).

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Maine

Last updated 10/19/2022

A physician not licensed to practice medicine in this State …

A physician not licensed to practice medicine in this State may provide consultative services through interstate telehealth to a patient located in this State if the physician is registered in accordance with subsection 3 (see statute for registration requirements). A physician intending to provide consultative services in this State through interstate telehealth shall provide any information requested by the board and complete information on:

  • All states and jurisdictions in which the physician is currently licensed
  • All states and jurisdictions in which the physician was previously licensed; and
  • All negative licensing actions taken previously against the physician in any state or jurisdiction.

Includes a fee of $500.

A physician registered to provide interstate telehealth services under this section shall immediately notify the board of restrictions placed on the physician’s license to practice medicine in any state or jurisdiction.

In registering to provide interstate telehealth services to residents of this State under this section, a physician agrees to be subject to the laws and judicial system of this State and board rules with respect to providing medical services to residents of this State.

The board shall obtain confirmation of licensure from all states and jurisdictions in which a physician applying for registration has ever been licensed prior to registering the physician pursuant to subsection 3. The board shall request notification from a state or jurisdiction if future adverse action is taken against the physician’s license in that state or jurisdiction.

SOURCE:  Maine Revised Statutes Annotated, Title 32, Sec. 3300-D (Accessed Oct. 2022).

The Board may issue an interstate telemedicine consultation registration to an applicant who:

  • Submits an administratively complete application on forms approved by the Board;
  • Pays the appropriate licensure application fee;
  • Demonstrates that the applicant is a physician and is fully licensed without restriction to practice medicine in the state from which the physician provides telemedicine services;
  • Meets the examination requirement;
  • Has not had a license to practice medicine revoked or restricted in any state or jurisdiction; and
  • Has no cause existing that may be considered grounds for disciplinary action or denial of licensure as provided by law.

A physician registered for the interstate telemedicine consultation shall not:

  • Open an office in this State;
  • Meet with patients in this State;
  • Receive calls in this State from patients; and
  • Shall provide only consultative services as requested by a physician, advanced practice registered nurse or physician assistant licensed in this State who retains ultimate authority over the diagnosis, care and treatment of the patient.

SOURCE: ME Regulation Sec. 02-373 Ch. 1, (Accessed Oct. 2022).

Recently Passed Legislation 

Notwithstanding any other provision of law granting authority to a board or commission, the Director of the Office of Professional and Occupational Regulation has the following superseding powers, duties and functions:

  • To exercise discretionary authority, after consultation with the appropriate licensing board, commission or personnel administering a regulatory function of the office, to review and determine on a case-by-case basis examination and licensing eligibility for applications for licensure submitted by individuals who identify themselves as veterans with military service, experience and training.
  • To exercise discretionary authority, after consultation with the appropriate licensing board, commission or personnel administering a regulatory function of the office, to waive, on a case-by-case basis, documentation requirements for licensure submitted by applicants for licensure educated in or with relevant experience or licensure in other jurisdictions, including other states, United States territories, foreign nations and foreign administrative divisions, as long as the waiver does not reduce the requisite standards of proficiency for the licensed profession or occupation. The Director of the Office of Professional and Occupational Regulation may adopt rules to implement this paragraph. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
  • To adopt rules defining, as appropriate for licensing purposes, the term “jurisdiction” to mean a state, a United States territory, a foreign nation or a foreign administrative division that issues a license or credential. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

The office, board or commission may:

  • Exercise discretionary authority to grant provisional licenses to applicants for licensure educated in or with relevant experience or licensure in other jurisdictions, including other states, United States territories, foreign nations and foreign administrative divisions. For purposes of this subparagraph, “provisional license” means a license issued for a defined period of time and with the requirement that the licensee meet certain established conditions in order to maintain the provisional license or to gain full licensure. The office, board or commission may adopt rules to implement this subparagraph. Rules adopted pursuant to this subparagraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

See statute for additional details.

SOURCE: ME Revised Statutes, Title 10, Part 9, Ch. 901, 8003,  (Accessed Oct. 2022).

Licensure by Endorsement

The Office of Professional and Occupational Regulation, referred to in this section as “the office,” including the licensing boards and commissions within the office, shall establish a process to issue a license by endorsement to an applicant who presents proof of licensure by another jurisdiction of the United States as long as the other jurisdiction maintains substantially equivalent license requirements for the licensed profession or occupation and as long as:

  • Good standing. The applicant is in good standing in all jurisdictions in which the applicant holds or has held a license. For purposes of this subsection, “good standing” means that the applicant does not have a complaint, allegation or investigation pending, does not have a license that is suspended or subject to practice restrictions and has never surrendered a license or had a license revoked;
  • No cause for denial. No cause for denial of a license exists under section 8003, subsection 5-A, paragraph A or under any other law; and
  • Fee. The applicant pays the fee, if any, pursuant to section 8003, subsection 2-A, paragraph D.

The office, or a licensing board or commission within the office, may require an applicant to pass a jurisprudence examination if such an examination is required to be passed for licensure pursuant to law or rule of the office, licensing board or commission.

The office, including the licensing boards and commissions within the office, shall adopt rules to implement this section. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

SOURCE: ME Revised Statutes, Title 10, Part 9, Ch. 901, 8003-H,  (Accessed Oct. 2022).Maine License required

Board of Licensure in Medicine, State Board of Nursing, & Board of Osteopathic Licensure

Maine License Required

Physicians, physician assistants and advanced practice registered nurses who use telehealth in the examination, diagnosis, consultation or treatment of a patient located in Maine shall hold an active Maine license or shall hold an active registration in Maine to provide interstate consultative telemedicine services.

Licensed practical nurses and registered professional nurses who use telehealth to provide nursing care services to a patient located in Maine shall hold an active Maine nursing license or an active multistate license in a nurse compact state.

SOURCE: ME Regulation Sec. 02-373 Ch. 11, 02-380 Ch. 11, 02-383 Ch. 11. (Accessed Oct. 2022). 

Recently Adopted Rule 

Teledentistry 

An individual who delivers teledentistry services to a patient in Maine must hold a current and valid license issued by the Board and/or be authorized to provide care pursuant to the delegation provisions of 32 M.R.S. §18371(3) and authorized to provide care pursuant the supervision provisions of 32 M.R.S. §18377(2).

An individual providing teledentistry services to a patient physically located in any other jurisdiction is responsible for ensuring compliance with all laws and rules of that jurisdiction prior to providing services to a patient located in that jurisdiction.

SOURCE: ME Regulation Sec. 02-313 Ch. 15,  (Accessed Oct. 2022).

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Maryland

Last updated 11/22/2022

A health care practitioner shall be licensed by the Board …

A health care practitioner shall be licensed by the Board before the individual may practice medicine in Maryland.

MD has limited exceptions to its licensure requirements in statute. An individual may practice medicine without a license in MD including under the following circumstances:

  • The individual is licensed by and residing in another jurisdiction with an active, unrestricted license to practice in the jurisdiction where the physician regularly engages in the practice of medicine and:
    • Is engaged in consultation with a physician licensed in Maryland about a particular patient and does not direct patient care;
    • Is employed by or has a written agreement with an athletic team or sports team based outside the State and is designated as the team physician to provide medical care to the team’s members and only provides care to those individuals in limited circumstances;
  • A physician is employed in the service of the federal government while performing the duties incident to that employment;
  • A physician who resides in and is authorized to practice medicine by any state adjoining Maryland for the purpose of prescribing home health services to a patient who resides in Maryland, if the physician:
    • Does not have an office or other regularly appointed place in this State to meet patients; and
    • Has performed an in–person physical examination of the patient within the jurisdictional boundaries of the adjoining state in which the prescribing physician is authorized to practice medicine.

SOURCE: MD Health Occupations Code Annotated Sec. 14-301, 14-302. (Accessed Nov. 2022).

A telehealth practitioner may practice telehealth if one or both of the following occurs:

  • The individual practicing telehealth is physically located in Maryland; or
  • The patient is in Maryland.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.32.05.03. (Accessed Nov. 2022).

Alcohol and Drug Counseling

An individual may practice clinical alcohol and drug counseling, including through telehealth, without a license for a limited period of time, as determined by the Board, if the individual is working as a trainee under the supervision of an approved alcohol and drug supervisor while fulfilling the experiential or course of study requirements.

An individual may practice alcohol and drug counseling, including through telehealth, without certification for a limited period of time, as determined by the Board, if the individual is working as a trainee under the supervision of an approved alcohol and drug supervisor while fulfilling the experiential or course of study requirements.

SOURCE: MD Health Occupations Code 17-406 (b). (Accessed Nov. 2022).

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Massachusetts

Last updated 11/18/2022

“The Board deems a physician to be practicing medicine in …

“The Board deems a physician to be practicing medicine in Massachusetts when the patient is physically located in Massachusetts. A physician licensed by the Board whose license does not restrict practice to a particular location may engage in the practice of medicine with respect to patients in Massachusetts irrespective of whether the physician is physically located in Massachusetts. A physician licensed by the board whose license does restrict practice to a particular location may engage in the practice of medicine with respect to patients in Massachusetts only from the location identified on his or her license.”

SOURCE: Commonwealth of Massachusetts Board of Registration in Medicine, (Oct. 6, 2022). (Accessed Nov. 2022).

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Michigan

Last updated 11/22/2022

In limited circumstances, MI Public Health Code states that certain
In limited circumstances, MI Public Health Code states that certain individuals are not required to have a license for practice of a health profession in MI, including the following:
  • A student who is in a health profession training program, that has been approved by the appropriate board, while performing the duties assigned in the course of training.
  • An individual who is practicing a health profession in the discharge of official duties while in the military service of the United States, the United States Public Health Service, the United States Department of Agriculture, or the United States Department of Veterans Affairs. The institution in which the individual practices shall report the name and address of the individual to the appropriate board within 30 days after the date of employment.
  •  An individual who by education, training, or experience substantially meets the requirements of this article for licensure while rendering medical care in a time of disaster or to an ill or injured individual at the scene of an emergency.
  • If the director of the department of health and human services determines that control of an epidemic is necessary to protect the public health under section 2253, an individual who is authorized to practice a health profession in another state, who would otherwise meet the requirements of this article for licensure, while rendering medical care during an epidemic-related staffing shortage to meet health professional staffing needs. As used in this subdivision, “epidemic-related staffing shortage” means a shortage of individuals who are licensed under this article during the epidemic. Epidemic-staffing shortage does not include a staffing shortage caused by a labor dispute as that term is defined in section 2 of 1939 PA 176, MCL 423.2.
  • An individual who provides nonmedical nursing or similar services in the care of the ill or suffering or an individual who in good faith ministers to the ill or suffering by spiritual means alone, through prayer, in the exercise of a religious freedom, and who does not hold himself or herself out to be a health professional.
  • An individual who resides in another state or country and is authorized to practice a health profession in that state or country who, in an exceptional circumstance, is called in for consultation or treatment by a health professional in this state.
  • An individual who resides in another state or country and is authorized to practice a health profession in that state or country, when attending meetings or conducting lectures, seminars, or demonstrations under the auspices of professional associations or training institutions in this state, if the individual does not maintain an office or designate a place to meet patients or receive calls in this state.
  • An individual who is authorized in another country to practice a health profession and who is employed by the United States Public Health Service or the government of another country for the exclusive use of members of its merchant marine and members of its consular and diplomatic corps, while caring for those members in the performance of his or her official duties.
  • An individual who resides adjacent to the land border between this state and an adjoining state and is authorized under the laws of that state to practice a health profession and whose practice may extend into this state, but who does not maintain an office or designate a place to meet patients or receive calls in this state.
  • An individual who is authorized to practice a health profession in another state and who is appointed by the United States Olympic Committee to provide health services exclusively to team personnel and athletes registered to train and compete at a training site in this state approved by the United States Olympic Committee or at an event conducted under the sanction of the United States Olympic Committee. An exemption granted under this subdivision applies to the individual while he or she is performing the duties assigned in the course of the sanctioned training program or event and for the time period specified by the United States Olympic Committee.
  • An individual who is currently authorized to practice a health profession in another state and is providing health services for an athletic team, if certain criteria are met.

SOURCE: MI Public Health Code 333.16171. License for practice of health profession; exemptions. Accessed Nov. 2022.

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Minnesota

Last updated 10/27/2022

A physician licensed in another state can provide telehealth services …

A physician licensed in another state can provide telehealth services to a patient in Minnesota if their license has never been revoked or restricted in any state, they agree to not open an office in Minnesota, not meet with patients in Minnesota or receive calls in Minnesota from patients and they annually register with the state’s board.  These requirements do not apply in response to emergency medical conditions, the services are on an irregular or infrequent basis, or the physician provides interstate telehealth services in consultation with a physician licensed in Minnesota.

SOURCE: MN Statute Sec. 147.032.  (Accessed Oct. 2022).

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Mississippi

Last updated 11/17/2022

No person shall engage in the practice of medicine across …

No person shall engage in the practice of medicine across state lines (telemedicine) in this state, hold himself out as qualified to do the same, or use any title, word or abbreviation to indicate to or induce others to believe that he is duly licensed to practice medicine across state lines in this state unless he has first obtained a license to do so from the State Board of Medical Licensure and has met all educational and licensure requirements as determined by the State Board of Medical Licensure. This requirement shall not be required where the evaluation, treatment and/or the medical opinion to be rendered by a physician outside this state (a) is requested by a physician duly licensed to practice medicine in this state, and (b) the physician who has requested such evaluation, treatment and/or medical opinion has already established a doctor/patient relationship with the patient to be evaluated and/or treated.

SOURCE: MS Code Sec. 73-25-34. (Accessed Nov. 2022).

Psychology

Applicants awaiting licensure in Mississippi are prohibited from the practice of psychology without a temporary license issued by the board. For the purposes of this subsection, the practice of psychology shall be construed without regard to the means of service provision (e.g., face-to-face, telephone, Internet, telehealth).

SOURCE: MS Code Sec. 73-31-14, (Accessed Nov. 2022).

Health Facilities Licensure and Certification

Each provider entity/organization offering telehealth services in the State of Mississippi shall register with the Mississippi State Department of Health, Office of Licensure, hereafter referred to as the Department. An applicant shall not provide telehealth services in the State of Mississippi without first registering with the Department.

Each provider entity/organization conducting telehealth services in Mississippi shall submit an application for registration including information about the type of telehealth services offered as well as the providers that will be performing services. Proprietary information may be asked but will not be required for approval.

See regulation for additional registration requirements.

SOURCE: MS Admin Code Title 15, Part 16, Subpart 1, Ch. 6 (Sec. 6.4.1), (Accessed Aug. 2022).

Practice of Medicine

The practice of medicine is deemed to occur in the location of the patient. Therefore, only providers holding a valid Mississippi license are allowed to practice any form of telemedicine, as defined in R.5.1, in Mississippi. The interpretation of clinical laboratory studies as well as pathology and histopathology studies performed by physicians without Mississippi licensure is not the practice of telemedicine provided a Mississippi licensed provider is responsible for accepting, rejecting, or modifying the interpretation. The Mississippi licensed provider must maintain exclusive control over any subsequent therapy or additional diagnostics.

A duly licensed physician may remotely consult with a duly licensed and qualified Advanced Practice Registered Nurse (“APRN”) or Physician’s Assistant (“PA”), who is in a hospital setting, using telemedicine. The physician providing Emergency Telemedicine must be either board certified or board eligible in emergency medicine. The Board may waive this requirement under extra ordinary circumstances.

For the purposes of Emergency Telemedicine services, licensees will only be authorized to provide the aforementioned services to those emergency departments of licensed hospitals who have an average daily census of fifty (50) or fewer acute care/medical surgical occupied beds as defined by their Medicare Cost Report. Exceptions may be considered by the Board for physicians affiliated with facilities maintaining greater than fifty (50) beds, but not more than one hundred (100) beds.

Satellite Centers who receive telemedicine services/assistance from a Primary Center must have a transfer agreement with a facility that offers a higher level of care, in order to send any patients who require transfer for a higher level of care.

SOURCE: MS Admin. Code Title 30, Part 2635, Rule 5.2 & 5.7. (Accessed Nov. 2022).

Optometry

A provider is an optometrist that currently holds an active Mississippi license. Otherwise be authorized by law to practice in another jurisdiction where the patient is physically present or domiciled. Abide by the Board’s law and rules and regulations and all current standards of care requirements applicable to onsite optometric services.

Optometric telehealth services in Mississippi shall remain within the scope of optometric licensing laws for the State of Mississippi, and that the services will require the use of advanced telecommunications technology, other than telephone or facsimile technology. At this time, these technologies include:

  • Compressed digital interactive video, audio, or data transmission.
  • Clinical data transmission using computer imaging by way of still image capture and store and forward.
  • Other technology that facilitates access to health care services or optometric specialty expertise.

A provider who uses telehealth in his or her practice shall adopt protocols to prevent fraud and abuse through the use of telehealth. A provider shall make a good faith effort to provide the patients with notification of the provider’s privacy practices before evaluation or treatment.

SOURCE: MS Rules and Regulations, Title 30 Part 2901 Chapters 1-11.2, (Accessed Nov. 2022).

 

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Missouri

Last updated 08/22/2022

In order to treat patients in this state through the …

In order to treat patients in this state through the use of telemedicine or telehealth, health care providers shall be fully licensed to practice in this state and shall be subject to regulation by their respective professional boards.

Does not apply to:

  • Informal consultation performed by a health care provider licensed in another state, outside of the context of a contractual relationship, and on an irregular or infrequent basis without the expectation or exchange of direct or indirect compensation;
  • Furnishing of health care services by a health care provider licensed and located in another state in case of an emergency or disaster; provided that, no charge is made for the medical assistance; or
  • Episodic consultation by a health care provider licensed and located in another state who provides such consultation services on request to a physician in this state.

SOURCE: MO Revised Statute Ch. 191 Sec. 191.1145. (Accessed Aug. 2022).

Recently Adopted Rule – Medicaid

In order to treat participants in this state through the use of telemedicine, health care providers shall be fully licensed to practice in this state and shall be subject to regulation by their respective professional boards. In addition, psychologists licensed in a Psychology Interjurisdictional Compact (PSYPACT) state may render telemedicine services under the Authority to Practice Interjurisdictional Telepsychology, according to the requirements in the PSYPACT.

SOURCE: MO Code of State Regulations, Title 13 Sec. 70-3.330, (Accessed Aug. 2022). 

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Montana

Last updated 11/01/2022

Psychology Board

A person providing services via telehealth to a …

Psychology Board

A person providing services via telehealth to a person physically located in Montana while services are provided shall be licensed by the board.  A person providing services via telehealth from a physical location in Montana shall be licensed by the board and may be subject to licensure requirements in other states where the services are received by the patient.

SOURCE: MT Admin Rules Sec. 24.189.415, (Accessed Nov. 2022).

Except as provided in 37-15-103, an audiologist, speech-language pathologist, speech language pathology assistant, or audiology assistant who is not a resident of Montana and who is not licensed under this chapter may not provide services to patients in Montana through telehealth without first obtaining a license from the board in accordance with this part.

SOURCE: Montana Code Annotated 37-15-314 (Accessed Nov. 2022)

 

 

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Nebraska

Last updated 11/18/2022

No Reference Found

No Reference Found

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Nevada

Last updated 11/04/2022

Before a provider of health care who is located at …

Before a provider of health care who is located at a distant site may use telehealth to direct or manage the care or render a diagnosis of a patient who is located at an originating site in this State or write a treatment order or prescription for such a patient, the provider must hold a valid license or certificate to practice his or her profession in this State, including, without limitation, a special purpose license. The requirements of this subsection do not apply to a provider of health care who is providing services within the scope of his or her employment by or pursuant to a contract entered into with an urban Indian organization.

SOURCE: NV Revised Statutes Sec. 629.515(1) (Accessed Nov. 2022).

The Board may issue a special purpose license to a physician who is licensed in another state by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics, including, without limitation, through telehealth, from within or outside this State or the United States.

SOURCE: NV Revised Statutes Sec. 630.261(e). (Accessed Nov. 2022).

 

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New Hampshire

Last updated 11/10/2022

Unless otherwise prescribed by statute, an out-of-state healthcare professional providing …

Unless otherwise prescribed by statute, an out-of-state healthcare professional providing services by means of telemedicine or telehealth shall be required to be licensed, certified, or registered by the appropriate New Hampshire licensing body if the patient is physically located in New Hampshire at the time of service.. This paragraph shall not apply to out-of-state physicians who provide consultation services.

SOURCE: NH Revised Statutes Annotated Sec. 310-A:1-g, as amended by SB 382 (2022 Session), (Accessed Nov. 2022).

Physician and Physician Assistant Licensure Pursuant to Reciprocity Agreement. The office of professional licensure and certification shall seek reciprocity agreements with states that have licensure requirements for physicians and physicians’ assistants that are substantially equivalent to this state, as determined by the board of medicine. The office of professional licensure and certification shall issue licenses to individuals who demonstrate they have a license in good standing from a state that is a party to such agreement, and pay the requisite fee, in accordance with rules adopted by the executive director under RSA 541-A.

SOURCE: NH Revised Statutes Annotated Sec. 310 -A:1-ff as amended by SB 382 (2022 Session), (Accessed Nov. 2022).

An out-of-state physician providing services via telemedicine or teleradiology shall be deemed to be in the practice of medicine and required to be licensed in New Hampshire. This does not apply to physicians who provide consultation services.

SOURCE: NH Revised Statutes Annotated, 329:1-d-II & NH Revised Statutes Annotated, 329:1-b (Accessed Nov. 2022).

To legally qualified physicians in other states or countries when called in consultation by an individual licensed to practice in the state who bears the responsibility for the patient’s diagnosis and treatment. However, regular or frequent consultation by such an unlicensed person, as determined by the licensing board, shall constitute the practice of medicine without a license.

SOURCE: NH Revised Statutes Annotated, 329:21, (Accessed Nov. 2022).

Creates a commission on primary care workforce issues. The commission will collect and review data and information that informs decisions and planning for the primary care workforce and looking for innovative ways for expanding New Hampshire’s primary care resources including, but not limited to, interstate collaboration and the use of telehealth.

Note: Section effective through Nov. 1, 2024

SOURCE: NH Revised Statutes Annotated, Title X Chapter 126-T:3, (Accessed Nov. 2022).

Telepsychology, telehealth, and telemedicine services, as provided by psychologists, include those psychology services that utilize electronic means, including audio, video, or other electronic media, to engage in visual or virtual presence in contemporaneous time. A New Hampshire tele-pass license shall be required for provision of such care to people in New Hampshire. Contacts that are exempt from this requirement are:

  • Persons exempted by 329-B:28.
  • Screenings for inclusion in voluntary research projects that have been properly approved by a New Hampshire based institutional review board.
  • Psychologists licensed by the board, who may provide tele-psychology services to a person within the state of New Hampshire without acquiring a tele-pass psychology license.
  • Persons exempted by RSA 329-D.

The tele-pass psychology licensee shall agree to conditions including, but not limited to, conditions stipulated by the board that the licensee shall:

  • Conform to all New Hampshire statutes and rules.
  • Agree that electronic attendance for appearances shall be deemed adequate for regulatory enforcement purposes and that in-person appearances by the licensee are optional and such associated costs for in-person attendance are the full responsibility of the tele-pass psychology licensee.
  • Understand that false statements or failure to comply with official requests and official orders shall constitute sufficient cause for revocation of the tele-pass psychology license.
  • Understand that all conditions of tele-pass psychology license to practice and enforcement shall be pursuant to New Hampshire law.
  • Grant the New Hampshire board of psychologists and its investigators authority to disclose to law enforcement and related regulatory authorities, at their discretion, information including but not limited to status of application, actions and information pertinent to investigations and enforcement of the laws and rules pertaining to the licensee’s conduct.
  • Not conduct face-to-face in-person psychological services in New Hampshire.

SOURCE: NH Revised Statutes Annotated 329-B:16, (Accessed Nov. 2022).

 

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New Jersey

Last updated 09/06/2022

Any health care provider who uses telemedicine or engages in …

Any health care provider who uses telemedicine or engages in telehealth while providing health care services to a patient, shall:

  • Be validly licensed, certified, or registered, pursuant to Title 45 of the Revised Statutes, to provide such services in the State of New Jersey;
  • Remain subject to regulation by the appropriate New Jersey State licensing board or other New Jersey State professional regulatory entity;
  • Act in compliance with existing requirements regarding the maintenance of liability insurance; and
  • Remain subject to New Jersey jurisdiction

SOURCE: NJ Statute C.45:1-62(2)(b). (Accessed Sept. 2022). 

A social worker must hold a license or certificate issued by the Board if he or she:

  • Is located in New Jersey and provides health care services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing health care services to a client in New Jersey consistent with N.J.S.A. 45:15BB-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

The provisions of (d) above shall not apply when a healthcare provider located in another state provides clinical supervision pursuant to N.J.A.C. 13:44G-8.1.

SOURCE: NJ Administrative Code 13:44G-15.1. (Accessed Sept. 2022).

A practicing psychologist must hold a license issued by the Board if he or she:

  • Is located in New Jersey and provides psychological services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides psychological services to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensed practicing psychologist in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing psychological services to a client in New Jersey consistent with N.J.S.A. 45:14B-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:42-13.1. (Accessed Sept. 2022).

A physical therapist or physical therapist assistant must hold a license issued by the Board if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62, a healthcare provider located in another state who consults with a licensed physical therapist or licensed physical therapist assistant in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:39A-10.1. (Accessed Sept. 2022).

An audiologist and/or speech language pathologist must hold a license issued by the Committee if he or she:

  • Is located in New Jersey and provides health care services to any patient located in, or out of, New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey consistent with N.J.S.A. 45:3B-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:44C-11.1. (Accessed Sept.  2022).

A nurse must hold a license issued by the Board if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey consistent with N.J.S.A. 45:9-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:37-8A.1. (Accessed Sept. 2022).

An acupuncturist must hold a license issued by the Board if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62, a healthcare provider located in another state who consults with an acupuncturist in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:35-9.21. (Accessed Sept. 2022).

A genetic counselor must hold a license issued by the Committee if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62, a healthcare provider located in another state who consults with a licensed genetic counselor in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:35-14.19. (Accessed Sept. 2022).

A marriage and family therapist or associate marriage and family therapist must hold a license issued by the Board, if he or she:

  • Is located in New Jersey and provides marriage and family therapy services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides marriage and family therapy services to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing healthcare services to a client in New Jersey consistent with N.J.S.A. 45:8B-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation

SOURCE: NJ Administrative Code 13:34-6A.1. (Accessed Sept. 2022). 

A professional counselor, associate counselor, or rehabilitation counselor must hold a license issued by the Committee, if he or she:

  • Is located in New Jersey and provides professional counseling or rehabilitation counseling, as applicable, to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides professional counseling or rehabilitation counseling, as applicable, to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing healthcare services to a client in New Jersey consistent with N.J.S.A. 45:8B-34 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:34-32.1. (Accessed Sept. 2022).

An electrologist must hold a license issued by the Committee if he or she:

  • Is located in New Jersey and provides electrology services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides electrology services to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing health care services to a client in New Jersey consistent with N.J.S.A. 45:9-37.76 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:35-12A.1. (Accessed Sept. 2022).

A physician assistant must hold a license issued by the Board if he or she:

  • Is located in New Jersey and provides healthcare services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides healthcare services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing healthcare services to a patient in New Jersey consistent with N.J.S.A. 45:9-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:35-2C.1. (Accessed Sept. 2022). 

A telemedicine or telehealth organization, whether operating as a distant site, originating site, or both, shall register with the Department prior to providing services in the State.

See rule for additional requirements.

SOURCE: NJ Administrative Code 8:53-2.1 (Accessed Sept. 2022).

A hearing aid dispenser must hold a license issued by the Committee if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 , a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:35-8.21. (Accessed Sept. 2022).

An alcohol and drug counselor must hold a license or certification, as applicable, issued by the Committee, if he or she:

  • Is located in New Jersey and provides alcohol and drug counseling to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides alcohol and drug counseling to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct a client’s care, will not be considered as providing health care services to a client in New Jersey consistent with N.J.S.A. 45:2D-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

Credentialed interns, as defined at N.J.A.C. 13:34C-6.1, who engage in telemedicine or telehealth shall do so consistent with P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.) and the rules of their respective licensing board.

SOURCE: NJ Administrative Code 13:34C-7.1. (Accessed Sept. 2022).

An occupational therapist, occupational therapy assistant, temporary occupational therapist, or temporary licensed occupational therapy assistant must hold a license issued by the Council, if he or she:

  • Is located in New Jersey and provides occupational therapy services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides occupational therapy services to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing health care services to a client in New Jersey consistent with N.J.S.A. 45:37-51, et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:44k-7.1. (Accessed Sept. 2022).

A dentist or dental hygienist must hold a license, as applicable, issued by the Board, if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey consistent with N.J.S.A. 45:6-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:30-9.1. (Accessed Sept. 2022).

A respiratory care practitioner must hold a license issued by the Board, if he or she:
  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.
Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey consistent with N.J.S.A. 45:14E-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:44F-11.1. (Accessed Sept. 2022).

Pursuant to N.J.S.A. 45:1-62, a polysomnographic technologist, technician, or trainee must hold a license issued by the Board, if the licensee:

  • Is located in New Jersey and provides health care services to any patient located in or outside of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey consistent with N.J.S.A. 45:14G-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Admin Code 13:44L-7.1. (Accessed Sept. 2022).

 

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New Mexico

Last updated 10/28/2022

Medicine and Surgery

“The practice of medicine across state lines …

Medicine and Surgery

“The practice of medicine across state lines means the rendering of a written or otherwise documented medical opinion concerning diagnosis or treatment of a patient within this state, by a physician located outside this state, as a result of transmission of individual patient data by electronic, telephonic or other means from within this state, to the physician or the physician’s agent, OR the rendering of treatment to a patient within this state, by a physician located outside this state, as a result of transmission of individual patient data by electronic, telephonic or other means from within this state to the physician or the physician’s agent.”

SOURCE: NM Statutes Annotated. Sec. 61-6-6(K). (Accessed Oct. 2022).

The board shall issue a licensed physician a telemedicine license to allow the practice of medicine across state lines to an applicant who holds a full and unrestricted license to practice medicine in another state or territory of the United States.  The board shall establish by rule the requirements for licensure; provided the requirements shall not be more restrictive than those required for licensure by endorsement.

A telemedicine license shall be issued for a period not to exceed three years and may be renewed upon application and payment of fees.

SOURCE: NM Statutes Annotated, 1978 Sec. 61-6-11.1. (Accessed Oct. 2022).

Osteopathic Medicine

The Board of Osteopathic medicine offers a limited telemedicine license that allows an osteopathic physician located outside New Mexico to practice osteopathic medicine on patients located in New Mexico.  The annual fee is $100.

SOURCE: NM Administrative Code 16.17.2.7 & .8, (Accessed Oct. 2022).

Telemedicine

A limited medical license that allows a physician located outside New Mexico to practice medicine on patients located in New Mexico.

Each applicant for a telemedicine license must be of good moral character and hold a full and unrestricted license to practice medicine in another state or territory of the United States.

Required documentation.

Each applicant for a telemedicine license must submit the required fees as specified in 16.10.9.8 NMAC and the following documentation:

  • A completed signed application, with a passport quality photo taken within six months. Applications are valid for one year from the date of receipt.
  • Verification of licensure in all states where the applicant holds or has held a license to practice medicine, or other health care profession. Verification must be received directly from the other state(s) board, and must attest to the status, issue date, license number, and other information requested and contained on the form.
  • Applicants who have had previous disciplinary or other action against them may be required to meet with the entire board. The board may, in its discretion, issue a license to practice medicine across state lines if it finds that the previous disciplinary or other action does not indicate that the physician is a potential threat to the public.
  • Licensure process. Upon receipt of a completed application, including all required documentation and fees, board staff will request and review an AMA physician profile and FSMB board action databank search. When the application is complete a member or agent of the board will review and may approve the application. A personal interview is not required unless there is a discrepancy in the application that cannot be resolved.
  • Initial license expiration. Telemedicine licenses shall be renewed on July 1 following the date of issue. Initial licenses are valid for a period of not more than thirteen months or less than one month.

SOURCE: NM Administrative Code 16.10.2.8 & 16.10.2.11, (Accessed Oct. 2022). 

Audiologist, Speech-language Pathologist or Hearing Aid Dispensers

An audiologist, speech-language pathologist or hearing aid dispenser licensed in New Mexico may use telecommunication technology to deliver services to a person residing in New Mexico who is physically present at a different location from the provider at the time services are received, so long as the services delivered through use of telecommunication technology meet or exceed the quality of services delivered face-to-face.

An audiologist, speech-language pathologist or hearing aid dispenser who resides outside the boundaries of the state of New Mexico and delivers services or products to residents of New Mexico shall be licensed by the board.

An audiologist, speech-language pathologist or hearing aid dispenser shall not deliver services to a client solely through the use of regular mail, facsimile or electronic mail, although these methods of communication may be used to supplement the face-to-face delivery of services or through the use of telecommunication technology.

SOURCE: NM Administrative Code 16.26.2.20. (Accessed Oct. 2022).

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New York

Last updated 08/25/2022

Applied Behavioral Analysis, Mental Health Practitioners, Psychologists, Social Workers

In

Applied Behavioral Analysis, Mental Health Practitioners, Psychologists, Social Workers

In New York State, a practitioner must hold a New York license, or be otherwise authorized to practice, when providing professional services to a patient/client located in New York or when the practitioner is located in New York.

If you intend to provide telepractice services to a resident of New York State, you must hold a New York State license and be in compliance with the relevant law, rules and regulations.

New York State law permits a person from another state to perform speech-language pathology or audiology services in this State, as long as such services are performed for no more than thirty (30) days in any calendar year and provided that such services are performed in conjunction with and/or under the supervision of Speech-Language Pathologist or Audiologist licensed under Article 159 of the New York State Education Law.

SOURCE: NY Office of the Professions, Speech-Language Pathologists, Practice Guidelines, (Accessed Aug. 2022).

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North Carolina

Last updated 11/04/2022

The Board may approve a dental hygienist licensed in this

The Board may approve a dental hygienist licensed in this State or any other state or territory to provide local anesthesia upon the dental hygienist meeting all of the following criteria:

  • Produces satisfactory evidence of the required education, training, and clinical qualifications to provide local anesthesia.
  • Has been practicing dental hygiene, as defined in G.S. 90-221, under the supervision of a licensed dentist for a minimum of two years immediately preceding the date of the application.
  • Has successfully completed a course of study on local anesthetics offered through a school or college approved by the United States Department of Education or a Board-approved continuing education provider that includes all of the following:
      • A minimum of 16 lecture hours on pharmacology, physiology, equipment, block and infiltration techniques, legal issues, and medical emergencies, including systemic complications.
      • A minimum of eight clinical hours of instruction and experience in administering local anesthesia injections.
      • Completion of at least 12 block and 12 infiltration injections under the direct supervision of a licensed dentist who must certify the applicant’s competency.

SOURCE: NC General Statutes Sec. 90-225.3. (Accessed Nov. 2022).

A person providing applied behavior analytic services via telehealth to a person physically located in North Carolina while services are provided shall be licensed by the board.

A person providing applied behavior analytic services via telehealth from a physical location in North Carolina shall be licensed by the board and may be subject to licensure requirements in other states where the services are received by the client.

SOURCE: 21 NCAC 05 .0403. (Accessed Nov. 2022).

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North Dakota

Last updated 11/09/2022

The board may in its discretion license by endorsement an …

The board may in its discretion license by endorsement an applicant who has complied with licensure requirements and who has passed an examination given by a recognized certifying agency approved by the licensing agency, provided such examination was, in the opinion of the board, equivalent in every respect to its examination. The board may also, in its discretion, enter into reciprocal agreements with the licensing agencies of other states or territories or the District of Columbia providing for a reciprocal waiver of further examination or any part thereof. In any case the applicant must appear before the board for such examination into the applicant’s qualifications as may be required by the board.

SOURCE: ND Century Code Sec. 43-17-21 p. 8 (Accessed Oct. 2022).

Medical Nutrition Therapy and Nutrition Care Services

An individual providing services regulated by this chapter via telehealth shall comply with, and is subject to, all licensing and disciplinary provisions of this chapter.

SOURCE: ND Century Code Ch. 43-44-19 p. 11 (Accessed Oct. 2022).

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Ohio

Last updated 09/07/2022

Physical Therapy

If a physical therapy patient is located in …

Physical Therapy

If a physical therapy patient is located in Ohio, the physical therapist or physical therapist assistant providing physical therapy services via telehealth shall hold a valid license under sections 4755.40 to 4755.56 of the Revised Code.

SOURCE: OH Admin. Code 4755-27-01(10)(b). (Accessed Sept. 2022).

Optometry

A provider of telehealth services who practices in the state shall be licensed by the board.  A provider of telehealth services who resides out of state and who provides services for Ohio residents shall be licensed by the board.

SOURCE: Ohio Administrative Code 4725-25-01. (Accessed Sept. 2022).

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Oklahoma

Last updated 09/06/2022

Physician treating patients in OK through telemedicine must be fully …

Physician treating patients in OK through telemedicine must be fully licensed in OK.

SOURCE: OK Admin Code Sec. 435:10-7-13(a).  (Accessed Sept. 2022).

The State Board of Osteopathic Examiners has the authority to issue a telemedicine license.

SOURCE: OK Statute, Title 59, Sec. 633, (Accessed Sept. 2022).

The Oklahoma Board of Nursing may issue temporary licenses to nurses from other states upon proper application stating the purpose of such licenses; provided, no temporary license may be issued for more than ninety (90) days. Temporary licenses may be renewed at the discretion of the Board but shall not extend over a period longer than one (1) year.

The Board may issue temporary critical need licenses for registered nurses, licensed practical nurses, and Advanced Practice Registered Nurses under Section 1 of this act.

SOURCE: OK Statute, Title 59, Ch. 12, Sec. 567.15 as amended by HB 3319 (2022 Session). (Accessed Sept. 2022).

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Oregon

Last updated 11/10/2022

Upon application, the Oregon Medical Board may issue to an …

Upon application, the Oregon Medical Board may issue to an out-of-state physician a license for the practice of medicine across state lines if the physician holds a full, unrestricted license to practice medicine in any other state of the United States, has not been the recipient of a professional sanction by any other state of the United States and otherwise meets the standards for Oregon licensure .

In the event that an out-of-state physician has been the recipient of a professional sanction by any other state of the United States, the board may issue a license for the practice of medicine across state lines if the board finds that the sanction does not indicate that the physician is a potential threat to the public interest, health, welfare and safety.

A physician or physician assistant shall apply on a form provided by the board, accompanied by nonrefundable fees for the application and the license in amounts determined by rule of the board. The board shall adopt necessary and proper rules to govern the renewal of licenses issued under this section.

A license for the practice of medicine across state lines is not a limited license for purposes of ORS 677.132.

A license for the practice of medicine across state lines does not permit a physician or physician assistant to practice medicine in this state except when engaging in the practice of medicine across state lines.

SOURCE: OR Revised Statutes Annotated Sec. 677.139. (Accessed Nov. 2022).

A telemedicine licensee is subject to all the provisions of the Medical Practice Act (ORS Chapter 677), and to all the administrative rules of the Oregon Medical Board.

A telemedicine licensee has the same duties and responsibilities and is subject to the same penalties and sanctions as any other physician or physician assistant licensed under ORS Chapter 677, including but not limited to the following:

  • The telemedicine licensee must establish an appropriate provider-patient relationship;
  • The telemedicine licensee must make a judgment based on some type of objective criteria upon which to diagnose, treat, correct, or prescribe;
  • The telemedicine licensee must engage in all necessary practices that are in the best interest of the patient; and
  • The telemedicine licensee must provide for an acceptable continuity of care for patients, including follow-up care, information, and documentation of care provided to the patient or suitably identified care providers of the patient.

SOURCE: OR Admin. Rules, 847-025-0000. (Accessed Nov. 2022).

Oregon medical board requires a ‘Telemedicine Active’ license to practice medicine across state lines.

SOURCE: OR Practice of Medicine Across State Lines (Telemedicine) Practice Description Form.  Revised 8/2022, (Accessed Nov. 2022).

An active Oregon license is needed for out-of-state physicians providing services for Oregon patients with no patient contact for telemedicine and telemonitoring. It is not needed for pathology and teleradiology.

SOURCE:  OR Medical Board. Application Process. FAQs. (Accessed Nov. 2022).

An active or telehealth licensed doctor of optometry in Oregon who volunteers to provide professional services to a charitable nonprofit corporation may request the additional practice location license required for that location from the Board at no charge.

SOURCE: OR Admin Rules, 852-050-0021. (Accessed Nov. 2022).

A license for the practice of medicine across state lines does not permit a telemedicine licensee to practice medicine in the state of Oregon except when engaging in the practice of medicine across state lines.

SOURCE: OR Admin Rules, 847-025-0030. (Accessed Nov. 2022).

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Pennsylvania

Last updated 09/06/2022

Pennsylvania issues extraterritorial licenses that allow practice in Pennsylvania to …

Pennsylvania issues extraterritorial licenses that allow practice in Pennsylvania to physicians residing or practicing with unrestricted licenses in an adjoining state, near the Pennsylvania boundary, and whose practice extends into Pennsylvania.

Pennsylvania bases the granting of this license on the availability of medical care in the area involved, and whether the adjoining state extends similar privileges to Pennsylvania physicians.

SOURCE: PA Statutes Annotated, Title 63 Sec. 422.34(a) and (c)(2). (Accessed Sept. 2022).

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Puerto Rico

Last updated 09/08/2022

A partir de la vigencia de esta ley, todo médico …

A partir de la vigencia de esta ley, todo médico o profesional de la salud autorizado a ejercer en Puerto Rico, podrá realizar sus consultas o proveer sus servicios por medio de tecnologías de telemedicina o telesalud en Puerto Rico. Para esto, solo tendrá que solicitar la certificación para la práctica de telemedicina o telesalud y que esta le sea concedida por la Junta de Licenciamiento o la Junta Examinadora u Organismo Rector, de acuerdo a la profesión que ejerza la persona solicitante y conforme a los requisitos contenidos en sus respectivos reglamentos.

Será requisito suficiente para obtener la certificación, que el médico o el profesional de la salud solicitante, estén autorizados a ejercer su profesión en Puerto Rico, según su Junta u Organismo Rector y tenga licencia vigente.

Todo médico o profesional de salud que no esté debidamente licenciado y autorizado a ejercer en Puerto Rico, o en la jurisdicción federal, no podrá recibir la certificación para la práctica de la telemedicina o telesalud en la Isla.

SOURCE: 20 LPRA 6011(d). (Accessed Aug. 2022).

A partir de la aprobación de esta ley todo médico cirujano u osteólogo que desee practicar telemedicina en el Estado Libre Asociado de Puerto Rico, deberá solicitar y obtener una licencia del Tribunal Examinador para la práctica de la medicina, cirugía u osteología cumpliendo con los requisitos establecidos en las secs. 31 et seq. del Título 20.

SOURCE: 20 LPRA Section 6002. (Accessed Aug. 2022).

A partir de la aprobación de esta ley, ningún médico, cirujano, u osteólogo fuera de la jurisdicción del Estado Libre Asociado de Puerto Rico sin estar debidamente licenciado para ello, podrá redactar ni publicar un anuncio pretendiendo estar capacitado legalmente para la práctica de la telemedicina a menos que cuente con una licencia debidamente expedida por el Tribunal Examinador que evidencie que cumple con los requisitos de la Ley Núm. 22 de 22 de abril de 1931.

Este requisito no será de aplicación a aquellos médicos u osteólogos que estando fuera de la jurisdicción del Estado Libre Asociado sean consultados por médicos u osteólogos debidamente licenciados en Puerto Rico.

Sin embargo, todo médico u osteólogo que sea consultado deberá estar debidamente autorizado a practicar la medicina en la jurisdicción desde la cual presta sus servicios. Así mismo, las instituciones a las cuales representen los galenos consultados o aquellas que presten sus facilidades para la consulta, deben contar con las certificaciones oficiales de la jurisdicción donde radican.

SOURCE:  20 LPRA Section 6003 (Accessed Aug 2022).

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Rhode Island

Last updated 10/21/2022

A physician who is licensed to practice medicine in another …

A physician who is licensed to practice medicine in another state or states, but not in this state, and who is in good standing in such state or states, may exercise the privilege to practice medicine for a patient located in this state under the following circumstances only:

  • The physician is employed by a branch of the United States military, Department of Defense, Department of Veterans’ Affairs Division of Veterans’ Health Administration, or similar federal entity.
  • The physician is present in the state on a singular occasion as a member of an air ambulance treatment team or organ harvesting team.
  • The physician, whether or not physically present in this state, is being consulted on a singular occasion by a physician licensed in this state, or is providing teaching assistance in a medical capacity, for a period not to exceed seven (7) days. Under no circumstance may a physician who is not present in this state provide consultation to a patient in this state who does not have a physician-patient relationship with that physician unless that patient is in the physical presence of a physician licensed in this state.
  • The physician is present in the state for a period not to exceed seven (7) days as a volunteer physician serving in a noncompensated role for a charitable function.
  • The physician is present in this state while providing medical services to a sports team incorporated in the United States or another country.

See statute for additional requirements.

SOURCE:  RI General Law, Sec. 5-37-16.2. (Accessed Oct. 2022).

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South Carolina

Last updated 08/12/2022

The physician must be licensed in South Carolina; however, they

The physician must be licensed in South Carolina; however, they do not need to reside in South Carolina.

A licensee residing in South Carolina who intends to practice medicine via telemedicine to treat or diagnose patients outside of South Carolina shall comply with other state licensing boards.

SOURCE: SC Code Annotated Sec. 40-47-37(C)(9). (Accessed Aug. 2022).

A person providing social work services to a client in this State, through telephonic, electronic, or other means, regardless of the location of the social worker, who is not licensed or registered in this State, is practicing without a license. A social worker licensed by this State may provide services through these means to a client in this State within their appropriate scope of practice.

SOURCE: SC Code Annotated Sec. 40-63-30(B) as proposed to be amended by S 1179 (2022 Session). (Accessed Aug. 2022).

For purposes of this section, ‘behavioral telehealth’ means the practice of Independent Social Work‑CP using electronic communications, information technology, or other means between a registrant located outside this State and a client located in this State with or without an intervening practitioner. A behavioral telehealth provider has the duty to practice in a manner consistent with his scope of practice and the prevailing professional standard of practice for an Independent Social Work‑CP who provides in‑person social work services to clients in this State.

An Independent Social Work‑CP who holds an active license to provide independent social work services in another state or jurisdiction may provide independent social work services using behavioral telehealth to a client located in this State if the individual is registered with the board and provides the services within the applicable scope of practice established by this State.

To be registered, the individual must:

  1. complete an application in the format prescribed by the board;
  2. be licensed with an active, unencumbered license that is issued by another state, the District of Columbia, or a possession or territory of the United States and that is substantially similar to a license issued by South Carolina to an Independent Social Worker‑CP;
  3. have not been the subject of disciplinary action relating to his license during the five‑year period immediately prior to the submission of the application; and
  4. pay a ten dollar fee.

The website of a behavioral telehealth registrant must prominently display a hyperlink to the board’s website list of registrants and related information.

The individual may not register under this section if his license to provide social work services is subject to a pending disciplinary investigation or action or has been revoked in any state or jurisdiction. A social worker registered under this section must notify the board of restrictions placed on his license to practice, or any disciplinary action taken or pending against him, in any state or jurisdiction. The notification must be provided within five business days after the restriction is placed or disciplinary action is initiated or taken.

The board shall publish on its website a list of all registrants and include, to the extent applicable, each registrant’s name, address, out‑of‑state social work license type with the license number, and South Carolina behavioral telehealth registration number.

The board may take disciplinary action against an out‑of‑state registrant registered under this section if the individual:

  1. fails to notify the board of any adverse actions taken against his license
  2. has restrictions placed on or disciplinary action taken against his license in any state or jurisdiction;
  3. violates any of the requirements of this section; or
  4. commits any act that constitutes grounds for disciplinary action under the board’s statutes or regulations.

For the purposes of this section, the delivery of behavioral telehealth services by a registrant licensed by another state or jurisdiction to a client residing in this State is deemed to occur in this State, and the registrant consents, as a condition of registration, to the personal and subject matter jurisdiction and disciplinary authority of the board.

Nothing in this section requires or authorizes an individual licensed by this State pursuant to this chapter to obtain a behavioral telehealth registration in order to provide behavioral telehealth services to a client residing in this State.

SOURCE: SC Code Annotated Sec. 40-63-35 as proposed to be added by S 1179 (2022 Session). (Accessed Aug. 2022).

For purposes of this chapter, ‘behavioral telehealth’ means the practice of professional counseling, addiction counseling, marriage and family therapy, and licensed psycho‑educational specialty using electronic communications, information technology, or other means between a registrant located outside this State and a client located in this State with or without an intervening practitioner. A behavioral telehealth provider has the duty to practice in a manner consistent with his scope of practice and the prevailing professional standard of practice for a behavioral health care professional who provides in‑person professional counseling, addiction counseling, marriage and family therapy, and licensed psycho‑educational specialist services to clients in this State.

Individuals who hold an active license to provide professional counseling, addiction counseling, marriage and family therapy, and licensed psycho‑educational specialist services in another state or jurisdiction may provide these services using behavioral telehealth to a client located in this State if the individual is registered with the board and provides the services within the applicable scope of practice established by this State.

To be registered, the individual must:

  1. complete an application in the format prescribed by the board;
  2. be licensed with an active, unencumbered license that is issued by another state, the District of Columbia, or a possession or territory of the United States and that is substantially similar to a license issued by South Carolina to a professional counselor, addiction counselor, marriage and family therapist, or licensed psycho‑educational specialist;
  3. have not been the subject of disciplinary action relating to his license during the five‑year period immediately prior to the submission of the application; and
  4. pay a ten dollar fee.

The website of a behavioral telehealth registrant must prominently display a hyperlink to the board’s website list of registrants and related information.

The individual may not register under this subsection if his license to provide professional counseling, addiction counseling, marriage and family therapy, or licensed psycho‑educational specialist services is subject to a pending disciplinary investigation or action, or has been revoked in any state or jurisdiction. An individual registered under this section must notify the board of restrictions placed on his license to practice or any disciplinary action taken or pending against him in any state or jurisdiction. The notification must be provided within five business days after the restriction is placed or disciplinary action is initiated or taken.

The board shall publish on its website a list of all registrants and include, to the extent applicable, each registrant’sname, address, out‑of‑state professional license type with the license number, and South Carolina behavioral telehealth registration number.

The board may take disciplinary action against an out‑of‑state registrant registered under this section if the individual:

  1. fails to notify the board of any adverse actions taken against his license
  2. has restrictions placed on or disciplinary action taken against his license in any state or jurisdiction;
  3. violates any of the requirements of this section; or
  4. commits any act that constitutes grounds for disciplinary action under the board’s statutes or regulations.

For the purposes of this section, the delivery of behavioral telehealth services by a registrant licensed by another state or jurisdiction to a client residing in this State is deemed to occur in this State, and the registrant consents, as a condition of registration, to the personal and subject matter jurisdiction and disciplinary authority of the board.

Nothing in this section requires or authorizes an individual licensed by this State pursuant to this chapter to obtain a behavioral telehealth registration in order to provide behavioral telehealth services to a client residing in this State.”

SOURCE: SC Code Annotated Sec. 40-75-800 as proposed to be added by S 1179 (2022 Session). (Accessed Aug. 2022).

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South Dakota

Last updated 11/10/2022

An applicant who holds a valid medical license issued by …

An applicant who holds a valid medical license issued by another state can be licensed through reciprocity in South Dakota if:

  • The applicant completed a residency program in the US or Canada;
  • Has passed one of the listed licensure examinations. (Please see rule for list);
  • Is in good standing with their state’s professional board; and
  • Has completed a state and federal criminal background investigation.

SOURCE: SD Regulation 20:78:03:12. (Accessed Nov. 2022).

Any health care professional treating a patient in the state through telehealth shall be fully licensed to practice in the state or employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed child welfare agency and subject to any rule adopted by the applicable South Dakota licensing body.

SOURCE: SD Codified Laws Sec. 34-52-2. (Accessed Nov. 2022).

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Tennessee

Last updated 09/04/2022

“Healthcare services provider” means:

  • An individual acting within the scope

“Healthcare services provider” means:

  • An individual acting within the scope of a valid license issued pursuant to title 63;
  • A state-contracted crisis service provider employed by a facility licensed under title 33;
  • An alcohol and drug abuse counselor licensed under title 68, chapter 24, part 6; or
  • A graduate who has completed, or a student actively enrolled in, a professional training program the educational standards of which meet the training requirements for a license under this title or title 68, chapter 24, part 6, as long as the graduate or student:
    • Is providing telehealth services for the purpose of obtaining hours required for licensure or of otherwise fulfilling the educational requirements to apply for licensure; and is at all times, supervised by an individual who is licensed under this title or title 68, chapter 24, part 6, with an unencumbered license.
    • Is, at all times, supervised by an individual who is licensed under this title or title 68, chapter 24, part 6, with an unencumbered license

Except as provided in subdivisions (g)(2) and (3), to practice under this section a healthcare provider must be licensed to practice in this state or be a graduate or student meeting the requirements of subdivision (a)(1)(D).

A physician must be licensed to practice under chapter 6 or 9 of this title in order to practice telemedicine pursuant to § 63-6-209(b), except as otherwise authorized by law or rule.

An individual licensed in another state who would, if licensed in this state, qualify as a healthcare provider under subsection (a) may practice telehealth under this section while providing healthcare services on a volunteer basis through a free clinic pursuant to title 63, chapter 6, part 7.

Subdivision (a)(1)(A) does not prohibit a healthcare provider otherwise acting within the scope of practice of a valid license issued pursuant to this title from delivering services through the use of telehealth.

SOURCE:  TN Code Sec. 63-1-155 (Accessed Sept. 2022).

The board also has the authority to issue locum tenens and/or conditional licenses as it deems appropriate after reviewing the qualifications of applicants. In addition to the authority granted the board in § 63-6-214, the board has the authority to issue restricted licenses and special licenses based upon licensure to another state for the limited purpose of authorizing the practice of telemedicine to current applicants or current licensees, or both, as it deems necessary, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

SOURCE: TN Code Annotated Sec. 63-6-209(b). (Accessed Sept. 2022).

No person shall engage in the practice of medicine, either in person or remotely using information transmitted electronically or through other means, on a patient within the state of Tennessee unless duly licensed by the Board in accordance with the provisions of the current statutes and rules. Unless specifically set out in this rule, this rule is not intended to and does not supersede any pre-existing federal or state statutes or rules and is not meant to alter or amend the applicable standard of care in any particular field of medicine or to amend any requirement for the establishment of a physician-patient relationship.

As of the effective date of this rule, the Board will no longer issue what was previously termed a “telemedicine license.” Individuals previously granted a telemedicine license under the former version of this rule may apply to have the license converted to a full license. Such individuals must complete the application for a full license and provide all necessary documentation, though no new application fee will be required as long as application is made within two years of the effective date of this rule. See rule for details for individuals who do not convert to a full license.

SOURCE: TN Rule Annotated, Rule 0880-02.-16. (Accessed Sept. 2022).

The TN Osteopathic Board will still issue a telemedicine license.  See rule for details.

SOURCE: TN Rule Annotated, Rule 1050.02.17.(2) (Accessed Sept. 2022).

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Texas

Last updated 09/07/2022

A telemedicine license may be issued for out of state …

A telemedicine license may be issued for out of state providers. To qualify for an out-of-state telemedicine license, a person must:

  • Be 21 years of age or older;
  • Be actively licensed to practice medicine in another state which is recognized by the board for purposes of licensure, and not the recipient of a previous disciplinary action by any other state or jurisdiction;
  • Not be the subject of a pending investigation by a state medical board or another state or federal agency;
  • Have passed the Texas Medical Jurisprudence Examination;
  • Complete a board-approved application for an out-of-state telemedicine license for the practice of medicine across state lines and submit the requisite initial fee; and
  • Not be denied based on failure to demonstrate the requisite qualifications.

Limits on Out-of-State Telemedicine License. An out-of-state telemedicine license to practice medicine across state lines shall be limited exclusively to the interpretation of diagnostic testing and reporting results to a physician fully licensed and located in Texas or for the follow-up of patients where the majority of patient care was rendered in another state, and the license holder shall practice medicine in a manner so as to comply with all other statutes and laws governing the practice of medicine in the state of Texas. Unless a person holds a current full license to practice medicine in this state pursuant to this chapter and the provisions of the Medical Practice Act, Chapter 155 (relating to License to Practice Medicine), a person holding an out-of-state telemedicine license shall not be authorized to physically practice medicine in the state of Texas.

SOURCE: TX Admin. Code, Title 22, Sec. 172.12 (Accessed Sept. 2022).

Physicians who treat and prescribe through communications technology are practicing medicine and must possess a full Texas medical license when treating residents of Texas. An out-of-state physician may provide episodic consultations without a Texas medical license, as provided in Texas Occupations Code, §151.056, §172.2(g)(4) of this title (relating to Construction and Definitions), and §172.12(f) of this title (relating to Out-of-State Telemedicine License).

SOURCE: TX Admin. Code, Title 22, Part 9, Sec. 174.8. (Accessed Sept. 2022).

Based on change in law in 2017, a Full medical license is required to practice Telemedicine in Texas. Therefore, the issuance of telemedicine licenses has been suspended. Until further notice, there are no changes to the existing Telemedicine licenses registration procedures. Options to transitioning Telemedicine licenses to a Full license are under review. Please continue to check the Board’s website for updates.

SOURCE: TX Medical Board. (Accessed Sept. 2022).

Mental Health Services

A health professional may provide a mental health service that is within the scope of the professional’s license, certification, or authorization through the use of telemedicine or telehealth to a patient located outside of the state, subject to any applicable regulation of the jurisdiction in which the patient is located.

SOURCE: TX Occupations Code 113.002 (Accessed Sept. 2022).

Dentistry

A health professional providing a health care service or procedure as a teledentistry dental service is subject to the licensing requirements that would apply to the provision of the same health care service or procedure in an in-person setting.

SOURCE: TX Occupations Code 111.075, (Accessed Sept. 2022).

A person located in another state practices dentistry in this state and is required to hold a license to practice dentistry in this state if the person through the use of any medium, including an electronic medium, performs an act that constitutes the practice of dentistry on a patient in this state.

SOURCE: TX Occupations Code 251.003 (Accessed Sept. 2022).

Hearing Instrument Fitters and Dispensers

An individual shall not provide telehealth services to a client in the State of Texas, unless the individual holds a license or permit issued by the department and qualifies as a provider as that term is defined in this subchapter, or is otherwise legally authorized to do so.

SOURCE: TX Admin. Code Title 16, Sec. 112.132, (Accessed Sept. 2022).

Speech-Language Pathology and Audiology

An individual shall not provide telehealth services to a client in the State of Texas, unless the individual is licensed by the department and qualifies as a provider as that term is defined in this subchapter, or is otherwise legally authorized to do so.

SOURCE: TX Admin. Code, Title 16 Sec. 111.212. (Accessed Sept. 2022).

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Utah

Last updated 08/23/2022

An out-of-state physician may practice without a Utah license if:…

An out-of-state physician may practice without a Utah license if:

  • The individual is licensed in good standing as a physician in another state with no licensing action pending and no less than 10 years of professional experience
  • The services are rendered as a public service and for a noncommercial purpose;
  • No fee or other consideration of value is charged, expected or contemplated, beyond an amount necessary to cover the proportionate cost of malpractice insurance; and
  • The physician does not otherwise engage in unlawful or unprofessional conduct.

SOURCE: UT Code Annotated Sec. 58-67-305(7). (Accessed Aug. 2022).

A mental health therapist licensed in another state and in good standing can provide short term transitional mental health therapy remotely if:

  • The mental health therapist is present in the state where he/she is licensed;
  • The client relocates to Utah, and was a client immediately before the relocation;
  • The therapy or counseling is provided for a maximum of 45 days after the client relocates;
  • Within 10 days of the client’s relocation, the mental health therapist provides a written notice to the Division of Occupational and Professional Licensing of their intent to provide therapy/counseling remotely; and
  • The mental health therapist does not engage in unlawful or unprofessional conduct.

SOURCE: UT Code, 58-61-307(k) (Accessed Aug. 2022).

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Vermont

Last updated 10/27/2022

The Telehealth Working Group was created by Act 21 of

The Telehealth Working Group was created by Act 21 of 2021 to compile and evaluate methods for facilitating the practice of health care professionals throughout the United States using telehealth modalities. The Working Group’s report is due to the General Assembly by December 15, 2021.

SOURCE: Vermont Secretary of State Office of Professional Regulation, Telehealth Taskforce, (Accessed Oct. 2022).

Provider Update to Telehealth Registration Requirements for Out of State

In accordance with Act 85, health care providers who hold an out of state license and provide services through telehealth to patients/clients located in the State of Vermont will be required to obtain an Interim Telehealth Registration effective April 1, 2022.  Providers are encouraged to visit the Office of Professional Regulation’s (OPR’s) website for more information.

The following information is currently posted on OPR’s website, “Anyone who does not hold an active, conventional Vermont license who is providing health care in Vermont via telehealth must register for an Interim Telehealth Registration. This includes mental health professionals providing telehealth services to patients or clients located in Vermont. Persons holding only an Interim Telehealth Registration may not provide in-person services to patients or clients located in Vermont. Please note that health care professionals who hold an active, conventional Vermont license do not need to obtain an Interim Telehealth Registration to practice telehealth in Vermont.”

To apply for an Interim Telehealth Registration, please submit your contact information through OPR’s Online Services Platform.

SOURCE: Agency of Human Services, Department of Vermont Health Access. (Accessed Oct. 2022).

Telehealth Licensure or Telehealth Registration

A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont but is licensed, certified, or registered in good standing in all other U.S. jurisdictions in which the health care professional is or has been licensed, certified, or registered and who wishes to provide health care services to a patient or client located in Vermont using telehealth shall obtain a telehealth license or telehealth registration from the Office or the Board in accordance with this chapter.

A telehealth license or telehealth registration issued pursuant to this chapter shall authorize a health care professional to provide services to a patient or client located in Vermont using telehealth only. Telehealth licensure or telehealth registration does not authorize the health care professional to open an office in Vermont or to provide in-person health care services to patients or clients located in Vermont.

A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont and provides health care services in Vermont using telehealth without a telehealth registration or telehealth license, or provides services beyond the limitations of the telehealth registration or telehealth license, is engaged in unauthorized practice as defined in 3 V.S.A. § 127 and section 1314 of this title and is subject to the penalties set forth in those sections.

A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont may obtain a telehealth license to provide health care services using telehealth to a total of not more than 20 unique patients or clients located in Vermont during the two-year license term.

See bill for additional information regarding scope, health care professions, eligibility and telehealth registration.

Exemptions from registrations and Licensure Requirements 

A health care professional is not required to obtain a telehealth registration or licensure solely to provide consultation services to another health care professional regarding care for a patient or client located in Vermont, provided the consulting health care professional holds a license, certificate, or registration to practice the profession in one or more U.S. jurisdictions and the consultation is based on a review of records without in-person or remote contact between the consulting health care professional and the patient or client.

SOURCE: VT H. 655 (No. 107) (2022 Session), (Accessed Oct. 2022).

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Virgin Islands

Last updated 09/08/2022

For Medicine, Surgery, Dentistry, Pharmacy, Nursing and Nurse-Midwifery

The Board …

For Medicine, Surgery, Dentistry, Pharmacy, Nursing and Nurse-Midwifery

The Board of Medical Examiners shall establish by rules and regulations the requirements for telemedicine licensure in accordance with this subchapter, provided that the rules and regulations include the following:

  • A physician holding only a telemedicine license under this subchapter shall not open an office in the Virgin Islands, shall not meet with patients in the Virgin Islands, and shall not receive calls from patients in the Virgin Islands.

Source: V.I. Code tit. 27, § 45d (2019) (Accessed Aug 2022)

The Virgin Islands Board of Medical Examiners shall regulate the practice of telemedicine in the Territory in accordance with the provisions of this subchapter and the following:

  • No person shall practice or attempt to practice medicine at a distant site between the Virgin Islands and a foreign jurisdiction.
  • No person shall practice or attempt to practice medicine at a distant site between the Virgin Islands and another United States jurisdiction without first complying with the provisions of this subchapter and without being a holder, of a Virgin Islands medical license.
  • Telemedicine services in the Territory shall operate in accordance with current accepted core standards for telemedicine

Source: V.I. Code tit. 27, § 45c (2019) (Accessed Aug 2022)

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Virginia

Last updated 11/23/2022

The practice of medicine occurs where the patient is located …

The practice of medicine occurs where the patient is located at the time telemedicine services are used, and insurers may issue reimbursements based on where the practitioner is located. Therefore, a practitioner must be licensed by, or under the jurisdiction of, the regulatory board of the state where the patient is located and the state where the practitioner is located. Practitioners who treat or prescribe through online service sites must possess appropriate licensure in all jurisdictions where patients receive care. To ensure appropriate insurance coverage, practitioners must make certain that they are compliant with federal and state laws and policies regarding reimbursements.

The first is the “consultant exemption” found in § 54.1-2901 which lists Exceptions and Exemptions Generally to licensure. Subsection (A)(15) reads as follows: “Any legally qualified out-of-state or foreign practitioner from meeting in consultation with legally licensed practitioners in this Commonwealth.” This statute is intended to have a Virginia practitioner involved in the care of the patient when a practitioner in another state/country consults with the Virginia practitioner or the patient. It provides an opportunity for Virginia residents to benefit
from the expertise of practitioners known for specializing in certain conditions. There must be regular communication between the consultant and the Virginia practitioner while the consultation/care is being provided.

The second section of the Code of Virginia pertinent to telemedicine is § 38.2-3418.16 of the Code of Virginia, which provides the definition of telemedicine in the Insurance Title. The section enumerates what does and what does not constitute telemedicine. Section 38.2-3418.16 defines telemedicine as “the use of electronic technology or media, including interactive audio or video, for the purpose of diagnosing or treating a patient, providing remote patient monitoring services, or consulting with other health care providers regarding a patient’s diagnosis or treatment, regardless of the originating site and whether the patient is accompanied by a health care provider at the time such services are provided.” To practice telemedicine into Virginia requires a license from the Board of Medicine. The Board notes that § 38.2-3418.16 states “Telemedicine services” does not include an audio-only telephone, electronic mail message, facsimile transmission, or online questionnaire. The Board believes that these communications do not constitute telemedicine, and therefore do not require licensure, when used in the follow-up care of a Virginia resident with whom a bona fide practitioner-patient relationship has been previously established. The establishment of a new practitioner-patient relationship requires a Virginia license and must comport with the requirements for telemedicine found in § 54.1-3303 of the Code of Virginia.

SOURCE: Telemedicine Guidance. Doc. # 85-12. VA Board of Medicine. P. 2 & 4-5 (Aug. 19, 2021). (Accessed Nov. 2022).

Any practitioner of a profession regulated by the Board of Medicine who is licensed in another state or the District of Columbia and who is in good standing with the applicable regulatory agency in that state or the District of Columbia from engaging in the practice of that profession in the Commonwealth with a patient located in the Commonwealth when (i) such practice is for the purpose of providing continuity of care through the use of telemedicine services as defined in § 38.2-3418.16 and (ii) the patient is a current patient of the practitioner with whom the practitioner has previously established a practitioner-patient relationship and the practitioner has performed an in-person examination of the patient within the previous 12 months. For the purposes of this subdivision, if a patient is (a) an enrollee of a health maintenance organization that contracts with a multispecialty group of practitioners, each of whom is licensed by the Board of Medicine, and (b) a current patient of at least one practitioner who is a member of the multispecialty group with whom such practitioner has previously established a practitioner-patient relationship and of whom such practitioner has performed an in-person examination within the previous 12 months, the patient shall be deemed to be a current patient of each practitioner in the multispecialty group with whom each such practitioner has established a practitioner-patient relationship.

SOURCE: VA Code 54.1-2901. (Accessed Nov. 2022).

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Washington

Last updated 08/27/2022

There is no prohibition against the consultation through telemedicine by …

There is no prohibition against the consultation through telemedicine by a practitioner, licensed by another state or territory in which he or she resides, with a practitioner licensed in WA who has responsibility for the diagnosis and treatment of the patient within WA.

SOURCE: RCW 18.71.030(6) and RCW 18.57.040. (Accessed Aug. 2022).

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West Virginia

Last updated 08/31/2022

A state licensing board shall issue an occupational license or …

A state licensing board shall issue an occupational license or other authorization to practice to a person upon application if they hold a valid license or authorization in another state, are in good standing with the board in every other state, and have established residency as a West Virginia resident. Additional requirements and applicable fees apply, see statute for further information.

SOURCE: WV Code Sec. 21-17-3, as added by HB 4634 (2022 Session). (Accessed Aug. 2022).

A registration issued pursuant to the provisions of or the requirements of this section does not authorize a health care professional to practice from a physical location within this state without first obtaining appropriate licensure.

By registering to provide interstate telehealth services to patients in this state, a health care practitioner is subject to:

  • The laws regarding the profession in this state, including the state judicial system and all professional conduct rules and standards incorporated into the health care practitioner’s practice act and the legislative rules of registering board; and
  • The jurisdiction of the board with which he or she registers to provide interstate telehealth services, including such board’s complaint, investigation, and hearing process.

A health care professional who registers to provide interstate telehealth services pursuant to the provisions of or the requirements of this section shall immediately notify the board where he or she is registered in West Virginia and of any restrictions placed on the individual’s license to practice in any state or jurisdiction.

SOURCE; WV Code Sec. 30-1-26. (Accessed Aug. 2022).

The practice of medicine occurs where the patient is located at the time the telemedicine technologies are used.

A physician or podiatrist who practices telemedicine must be licensed as provided in this article or registered as provided in §30-1-1 et seq. of this code.

This does not apply to:

  • An informal consultation or second opinion, at the request of a physician or podiatrist who is licensed to practice medicine or podiatry in this state:  Provided, that the physician or podiatrist requesting the opinion retains authority and responsibility for the patient’s care; and
  • Furnishing of medical assistance by a physician or podiatrist in case of an emergency or disaster, if no charge is made for the medical assistance.

SOURCE: WV Code Sec. 30-3-13a & 30-14-12d. (Accessed Aug. 2022).

Veterinarians

To provide veterinary care in the State of West Virginia via interstate telehealth services, an individual not otherwise licensed by the board must first apply for and obtain registration with the board. See statute for complete details.

SOURCE: WV Statute Sec. 30-10-24, as added by HB 4570 (2022 Session). (Accessed Aug. 2022).

Final Rule (Effective until August 1, 2030) – Speech Language Pathology and Audiology

See emergency rule for interstate telepractice requirements, including qualifications, fees and renewal protocols.

SOURCE: WV Rule 29-01-16. (Accessed Aug. 2022).

Final Rule (Effective until August 1st, 2027) – Medical Board

A health care practitioner who is not licensed in West Virginia may provide interstate telehealth services to patients located at an originating site in West Virginia, within the practitioner’s scope of practice, if the practitioner holds an interstate telehealth registration issued by the Board or pursuant to 11 CSR 14 during a declared state of emergency.

Health care practitioners who are not licensed in West Virginia may only provide telehealth services pursuant to this rule if the practitioner is eligible for an interstate telehealth registration.   See rule for complete details about the process of obtaining registration, fees, and renewal terms.

SOURCE: WV Admin Law 11-15-3 (Accessed Aug. 2022).

Final Rule (Effective until August 1st, 2027) – Dentistry

A dentist or dental hygienist desiring to provide teledentistry services in this state via interstate telehealth services, shall make application for a registration on a form prescribed by the Board.

See rule for more details about fees and renewal information.

SOURCE: WV Admin Law 5-16-3 (Accessed Aug. 2022).

Final Rule (Effective until August 1st, 2027) – Chiropractic Examiners & Osteopathic Medicine

A (profession) is eligible for registration as an interstate telehealth practitioner.  See rule for associated requirements.

SOURCE: WV Admin Law 4-9-2, p. 2. & WV Admin Law 24-10-3, p. 6. (Accessed Aug. 2022).

Final Rule (Effective until August 1, 2030) – Social Workers

A licensee shall only provide telehealth services in accordance with the respective scope of practice commensurate with his/her level of licensure.

Clinical social work services provided by individuals outside of the state may only be provided by a practitioner licensed at the clinical level.

All licensees of the Board providing telehealth services to clients outside the state of West Virginia shall comply with the laws and rules of that jurisdiction.

Social works eligible for out-of-state telehealth practitioner registration under certain circumstances.  See regulation for details.

SOURCE: WV Admin Law 25-1-5,6. (Accessed Aug. 2022).

Final Rule (Effective until August 1, 2027) – Nurses

A registered nurse or advanced practice registered nurse who are not licensed in West Virginia or practicing on a multistate Registered Nurse practice privilege many only provide telehealth services pursuant to this rule if the nurse is eligible for an interstate telehealth registration.  See regulation for additional requirements.

SOURCE: WV Admin Law 19-16-4. (Accessed Aug. 2022).

Emergency Rule (Effective until August 1st, 2027) – Professional Counselors & Marriage and Family Therapists 

A professional counselor and marriage and family therapist who is not licensed in West Virginia may provide interstate Telehealth Services to clients located in West Virginia, within scope of practice, if holding an interstate telehealth registration issued by the Board. See regulation for additional requirements.

SOURCE: WV Admin Law 27-14-3. (Accessed Aug. 2022).

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Wisconsin

Last updated 11/21/2022

WI medical license required.

SOURCE: WI Admin. Code Med Ch.

WI medical license required.

SOURCE: WI Admin. Code Med Ch. 24.04 (Accessed Nov. 2022).

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Wyoming

Last updated 10/20/2022

Any physician rendering medical diagnosis and/or treatment to a person …

Any physician rendering medical diagnosis and/or treatment to a person physically present in this state must have a license issued by the board when such diagnosis/treatment is rendered, regardless of the physician’s location and regardless of the means by which such diagnosis/treatment is rendered. This requirement shall not apply to an out-of-state physician who consults by telephone, electronic or any other means with an attending physician licensed by this board or to an out-of-state physician who is specifically exempt from licensure pursuant to W.S. 33-26-103.

Physicians residing in and currently licensed in good standing to practice medicine in another state or country brought into this state for consultation by a physician licensed to practice medicine in this state may practice medicine without first obtaining a Wyoming license for a total of not more than twelve (12) days in any fifty-two (52) week period and, therefore, are exempt from the licensure requirements of these rules and W.S. 33-26-103(a)(iv). Consults of longer duration or greater frequency require written advance approval of a majority of the Board officers. For purposes of this subsection, the term “brought into this state” means establishing a physician-patient relationship, either by the physician’s physical presence with the patient or through telemedicine.  See rule for additional requirements.

Emergencies. Physicians and physician assistants residing in and who hold full and unrestricted licenses to practice medicine or to practice as a physician assistant in another state or country who come into this state to provide medical care during an emergency or pandemic declared as such by Order of the Governor of this state and/or pursuant to any State Emergency Plan and who comply with all requirements of the board for verification of licensure and identity, may practice medicine or practice as a physician assistant without first obtaining a Wyoming license for the period during which any such emergency or pandemic Declaration or Order remains in effect.

Physicians and physician assistants not otherwise licensed in this state may practice in Wyoming under the consultation exemption during a public health emergency declared by the Governor.  For purposes of this paragraph, a physician or physician assistant brought into this state is deemed to be consulting with the state health officer.

See rule for additional requirements.

SOURCE: WY Rules and Regulations, Board of Medicine, Agency 52, Ch. 1, Sec. 4, (Accessed Oct. 2022).

Occupational Therapy

In order to provide occupational therapy services via telehealth to a client in Wyoming, the OT providing the service must have a valid and current license issued by the Board. Wyoming licensed OTs using telehealth technology with a client in another state may also be required to be licensed in the state in which the client receives those services and must adhere to those state licensure laws.

SOURCE: WY Rules and Regulations, Agency 83, Ch. 3, Sec. 4, (Accessed Oct. 2022).

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Professional Requirements

Cross-State Licensing

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