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.

Click the map to scroll down to the state
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 03/18/2024

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 Mar. 2024.

DEA Registration by State

Question: Once I obtain a DEA registration can I prescribe controlled substances anyqhere in the United States as it is a Federal number?

No. A DEA individual practitioner registration is based on a State license to practice medicine and prescribe controlled substances. DEA relies on State licensing boards to determine whether a practitioner is qualified to dispense, prescribe, or administer controlled substances and to determine which schedules he/she may dispense, prescribe, or administer. State authority to conduct the above-referenced activities only confers rights and privileges within the issuing State. Thus, a DEA registration based on a State license cannot authorize controlled substance dispensing outside the State. See Registration Requirements for Individual Practitioners Operating in a “Locum Tenens” Capacity, 75 FR 55499, 55501 (Oct. 28, 2009); 21 U.S.C. 823(f); 21 CFR 1306.03(a).

Question: I live on a border between two states and I have a practice in each state. Do I need to hold a separate DEA registration number in each state?

Yes. Since DEA’s authority to register practitioners to dispense (including to prescribe) controlled substances is contingent, in part, upon the applicant’s authorization in the state in which he or she practices, his or her controlled substance privileges and limits are determined by that specific state. The Controlled Substances Act requires a separate registration at each principal place of business or professional practice where the controlled substances are distributed or dispensed. See 21 U.S.C. 822(e)(1), 21 CFR 1301.12(a). Therefore, a practitioner who maintains a professional practice location in multiple states has established, for registration purposes, a principal place of business in each of those states. Consequently, DEA requires that the practitioner obtain a separate DEA registration in each state. Further, to do so the practitioner must first obtain authorization to handle controlled substances in each state where he or she has an office. For additional information please see the Final Rule titled: Clarification of Registration Requirements for Individual Practitioners, which DEA published in the Federal Register on December 1, 2006.

SOURCE: Drug Enforcement Agency, Registration Q&A, (Accessed Mar. 2024).

* The US Health and Human Services Administration maintains a website that summarizes information related to interstate licensure.

READ LESS

Alabama

Last updated 06/18/2024

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 (Accessed Jun. 2024).

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 may 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 Jun. 2024).

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 Ala. 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 (Jun. 2024).

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 Jun. 2024).

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 ( Accessed Jun. 2024).

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 (Accessed Jun. 2024).

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 Jun. 2024).

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 Jun. 2024).

READ LESS

Alaska

Last updated 06/19/2024

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

  • 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 Statute Sec. 08.02.130, (Accessed Jun. 2024).

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 Statute Sec. 08.64.333, (AccessedJun. 2024).

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 Statute Sec. 18.08.100, (Accessed Jun. 2024).

Optometry Board

A person in or outside the state may not practice, attempt to practice, or offer to practice optometry in the state through telehealth without first obtaining a license from the board.

SOURCE: AK Admin Code Title 12, 48.370, (Accessed Jun. 2024).

Psychology

To be eligible to practice telepsychology with clients physically present in this state, a psychologist or psychological associate must meet the requirements under AS 08.01.085 and

  • be licensed under AS 08.86.130 as a licensed psychologist or under AS 08.86.160 as a licensed psychological associate; and
  • complete general competency training in the practice of telepsychology, totaling a minimum of four hours.

The provision of professional services in this state by a person licensed under AS 08.86 through digital, telephonic, or electronic means, regardless of the location of the client, constitutes the practice of psychology in this state. Licensees are required to comply with all statutes, regulations, and rules of the state where the client is physically located.

SOURCE: AK Admin Code Title 12, 60.405 & 410, (Accessed Jun. 2024).

Professional counselors

Before providing distance professional services, an individual must …

  • be either licensed in good standing or working as a supervisee under a board-approved supervisor as set out in AS 08.29.

SOURCE: AK Admin Code Title 12, 62.400, (Accessed Jun. 2024).

When may a physician not licensed in Alaska provide services to a patient located in Alaska? What happens if a patient has a complaint about that care?

  • Physicians who are licensed in another state may practice telehealth without an Alaska license if:
    • The physician and patient have an established physician-patient relationship and the physician has previously conducted an in-person examination of the patient; or
      • If the patient has a suspected or diagnosed life-threatening condition for which the patient has been referred by an Alaska-licensed physician to a physician licensed in another state and the visit relates to that condition.
  • The State Medical Board has augmented authority to:
    • Sanction the practice of a physician who is practicing telehealth without a license who is found be in violation of law, and
    • Allow the board to recover from a physician the cost of proceedings resulting in a sanction of unlicensed practice under this new provision, including the costs of investigation by the board and department and hearing costs.

My patient is vacationing in Alaska. Do I need an Alaska license to treat them remotely while they are on vacation?

Yes, except as noted directly above relating to when a physician can provide services to a patient located in Alaska without an Alaska license. Alaska laws are based on where the patient receives service. Individual licensing boards may offer special courtesy licenses or opportunities for an out-of-state provider to consult with an Alaska provider if the patient requires special health care services while physically located in our state. For more information on the requirements of these licensed professions, please visit that specific program’s link at the DCCED/CBPL Professional Licensing website to review statutes, regulations, announcements, and more.

Do I need an Alaska license to prescribe to a patient located in the state? Can an out-of-state pharmacy transfer a prescription to an Alaska pharmacy?

Alaska pharmacies may only fill prescriptions issued directly from prescribers who do not hold an Alaska license if that prescription is not a controlled substance.

Unless the out-of-state pharmacy is licensed in the state of Alaska or has entered into a Shared Pharmacy Services Agreement, an Alaska pharmacy may only fill a prescription from a pharmacy licensed in another state that is not an Alaska Schedule I or II controlled substance.

What is the Telemedicine Business Registry, and who has to register?

All businesses engaged in or planning to engage in distance delivery of health care to a patient located in Alaska must register with the state’s Telemedicine Business Registry. A provider who is an employee of a business does not need to individually register; however, the employer does. “Telemedicine services” means the delivery of health care services using the transfer of medical data through audio, visual, or data communications that are performed over two or more locations by a provider who is physically separated from the recipient of the health care services. AS 44.33.381

Do I also need an Alaska business license?

If your business would like to provide telemedicine services to Alaska-based clients, a valid Alaska business license is required before submitting the Telemedicine Business Registry application. To register, please provide your Alaska Business License number on the Telemedicine Business Registry license application. Applications for a business license may be obtained through the Business Licensing Section of this division.

SOURCE:  Alaska Department of Commerce, Community and Economic Development, Division of Corporations, Business and Professional Licensing, Telehealth Information, (Accessed Jun. 2024).

READ LESS

Arizona

Last updated 05/29/2024

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 May 2024).

Out of State Telehealth Providers (New Effective Adopted 5/13/24)

See Regulation for initial application and renewal requirements.

SOURCE:  R9-16-1002, 1003 (Accessed May 2024).

Except as provided in A.R.S. § 36-3606(E), an individual wishing to provide health care services through telehealth under A.R.S. Title 36, Chapter 36, and this Article shall:

  • Hold a current and valid license to practice in another state that is substantially similar to a license issued in Arizona for a minimum of one year; and
  • Be registered according to A.R.S. Title 36, Chapter 36, Article 1 and this Article prior to providing telehealth services.
A registered health care provider shall:

  • Comply with the laws and rules of this state, including the requirements for medical records as defined in A.R.S. §§ 12-2291 and 32-3211;
  • Notify the Department within five days after any restriction placed on a registered health care provider’s license or any disciplinary action initiated or imposed by any jurisdiction or state;
  • Ensure the registered health care provider’s professional liability insurance policy includes coverage for telehealth services provided to clients in Arizona;
  • Maintain a statutory agent for service of process in this state;
  • Consent to the Department’s jurisdiction for any disciplinary action or legal proceeding related to the registered health care provider’s acts or omission under A.R.S. Title 36, Chapter 36, Article 1, and this Article;
  • Obtain a client’s informed consent prior to:
    • Providing a telehealth service, or
    • Dissemination of images or information identifiable to a client for research or educational purposes; and
  • Submit an annual report, in a Department provided-format, that includes:
    • The number of clients served in Arizona, and
    • The number and type of encounters that occurred during the report year.

A registered health care provider is subject to state laws and rules governing scope of practice and practice guidelines established in Arizona and in the state of licensure.

A registered health care provider may not open an office in Arizona or provide in-person health care services to a client in Arizona without first obtaining an Arizona license applicable to the registered health care provider.

SOURCE:  R9-16-1006 (Accessed May 2024).

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 May 2024).

Except as otherwise provided by statute, an individual who provides counseling, social work, marriage and family therapy, or substance abuse counseling via telepractice to a client located in Arizona shall be licensed by the Board.

Except as otherwise provided by statute, a licensee who provides counseling, social work, marriage and family therapy, or substance abuse counseling via telepractice to a client located outside Arizona 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 May 2024)

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 May 2024).

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 & 402, (Accessed May 2024).

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 May 2024).

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 May 2024).

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, R4-22-102, (Accessed May 2024).

Board of Podiatry

The Board establishes and charges a fee which applies to the application for telehealth registration and issuance of the registration.

SOURCE: AZ Administrative code, R4-25-103, (Accessed May 2024).

READ LESS

Arkansas

Last updated 05/27/2024

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 May 2024).

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 May 2024).

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. (067 00 CARR 004), (Accessed May 2024).

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.  Available on PT Board Website, (Accessed May 2023).

Psychology

An individual licensed to practice psychology in another jurisdiction may obtain a license to practice psychology in this jurisdiction without written examination, so long as the requirements for a license in the former jurisdiction are equal to, or exceed, the requirements for a license in this jurisdiction, as defined by A.C.A. Sec. 17-97-101, et seq. and the rules and regulations of the Board. The Board has determined that the States who have entered into the Association of State and Provincial Psychology Boards’ Agreement of Reciprocity,@ pursuant to the criteria in effect on June 1, 1999, have requirements for licensure at the doctoral level, which are equal to, or exceed, the requirements for a license in Arkansas. It has also been determined an applicant for licensure who holds a Certificate of Professional Qualification (CPQ) issued by the Association of State and Provincial Psychology Boards (ASPPB), shall be deemed to have met the educational and experience requirements for licensure. Such licensees may be subject to disciplinary action for any of the grounds listed in A.C.A. Sec. 17-97-310 and Rule 10.5. on the same basis as other licensees, including actions taken in another jurisdiction.

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.

SOURCE: Rules and Regulations Board of Psychology, Sec. 007.00.22-001, 074 00 CARR 001, (Accessed May 2024).

READ LESS

California

Last updated 07/01/2024

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 Jul. 2024).

Licensure exceptions may apply to a practitioner located outside this state, when in actual consultation, whether within this state or across state lines, with a licensed practitioner of this state, or when an invited guest of the California Medical Association or the California Podiatric Medical Association, or one of their component county societies, or of an approved medical or podiatric medical school or college for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, if he or she is, at the time of the consultation, lecture, or demonstration a licensed physician and surgeon or a licensed doctor of podiatric medicine in the state or country in which he or she resides. This practitioner shall not open an office, appoint a place to meet patients, receive calls from patients within the limits of this state, give orders, or have ultimate authority over the care or primary diagnosis of a patient who is located within this state.

SOURCE: CA Business and Professions Code Section 2060. (Accessed Jul. 2024).

Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient, which is a person that has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code, and has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following:

  • The use of an eligible out-of-state physician and surgeon’s telehealth health care services.
  • The release of certified medical records to their primary physician and surgeon by the out-of-state physician.

The eligible patient also must not have been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and stage of disease. The eligible patient must also have documentation from their primary physician and surgeon attesting that they meet all requirements.

An eligible out-of-state physician and surgeon means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patient’s illness.

SOURCE: CA Business and Professions Code Section 2052.5. (Accessed Jul. 2024).

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 Jul. 2024).

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 Jul. 2024).

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 Jul. 2024).

Marriage and Family Therapists, Clinical Social Workers, and Professional Clinical Counselors

A person who holds a license in another jurisdiction of the United States as a marriage and family therapist/clinical social worker/professional clinical counselor may provide marriage and family therapy/clinical social work/professional clinical counseling services in this state for a period not to exceed 30 consecutive days in any calendar year, if all of the following conditions are met:

  • The license from another jurisdiction is at the highest level for independent clinical practice in the jurisdiction in which the license was granted.
  • The license from another jurisdiction is current, active, and unrestricted.
  • The client is located in California during the time the person seeks to provide care in California.
  • The client is a current client of the person and has an established, ongoing client-provider relationship with the person at the time the client became located in California.
  • The person informs the client of the limited timeframe of the services and that the person is not licensed in California.
  • The person provides the client with the Board of Behavioral Sciences’ internet website address.
  • The person informs the client of the jurisdiction in which the person is licensed and the type of license held and provides the client with the person’s license number.

A person who intends to provide marriage and family therapy/clinical social work/professional clinical counseling services pursuant to this section shall provide the board with all of the following information before providing services:

  • The name under which the person is licensed in another jurisdiction, the person’s mailing address, the person’s phone number, the person’s social security number or individual taxpayer identification number, and the person’s electronic mailing address, if the person has an electronic mailing address.
  • The jurisdiction in which the person is licensed, the type of license held, and the license number.
  • The date on which the person will begin providing marriage and family therapy/clinical social work/professional clinical counseling services to the person’s client in California.

A person who provides services pursuant to this section is deemed to have agreed to practicing under the jurisdiction of the board and to be bound by the laws of this state.

This section does not apply to any person licensed by the board whose license has been suspended or revoked.

This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SOURCE: Business and Professions Code Section 4980.11, 4996.16.1, and 4999.23. (Accessed Jul. 2024).

Effective May 23, 2024 through November 30, 2024

A physician who meets certain requirements shall register and may practice medicine in California through November 30, 2024, solely for the purpose of providing abortions, as defined in Section 123464 of the Health and Safety Code, and abortion-related care to patients who are Arizona residents traveling from Arizona seeking abortions or abortion-related care in California.

The physician shall not provide care or consultation to any patient that is not related to either performing an abortion or abortion-related care, and shall not provide care or consultation for an abortion or abortion-related care to any patient unless they are Arizona residents who have traveled from Arizona to California for that care or consultation.

A physician registered pursuant to this section shall not practice medicine in California until they submit to the applicable board the street address of a location in this state at which the physician will practice medicine. The registered physician shall submit to the applicable board the street address of each location in this state at which the physician will practice medicine.

See statute and CA Department of Consumer Affairs State Registration of Arizona Physicians website for additional information and requirements.

SOURCE: CA Business and Professions Code Section 2076.6 as added by SB 233 (2024 Legislative Session). (Accessed Jul. 2024).

READ LESS

Colorado

Last updated 04/30/2024

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 Apr. 2024).

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 Apr. 2024).

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 Apr. 2024).

In regard to licensed psychologists prescribing psychotropic medication for the treatment of mental health disorders, practice requirements for telemedicine include the prescribing psychologist being licensed in Colorado and having a Colorado prescription certificate to prescribe to a patient whose originating site is in Colorado as defined in section 10-16-123(4)(b), C.R.S., and adhering to the standards for care laid out for both telepsychology and psychology prescribing in Colorado and the state where the client is receiving treatment.

Prescribing psychologists licensed in Colorado must be in Colorado at the time services are provided and will only provide telemedicine services to clients whose originating site is in Colorado as defined in section 10-16-123(4)(b), C.R.S.

SOURCE: 3 CCR 721-1. (Accessed Apr. 2024).

Regulations regarding the licensure and practice of physician assistants states that, for physicians and physician groups entering into collaborating agreements, physicians must be actively practicing medicine in Colorado by means of a regular and reliable physical presence in Colorado. For purposes of this Rule, to practice medicine based primarily on telecommunication devices or other telehealth technologies does not constitute “actively practicing medicine in Colorado.”

In addition, for individuals who choose to delegate medical services, a delegating physician may utilize telehealth technologies, where appropriate, to satisfy the requirements for prompt personal consultation or follow-up care, but should not rely exclusively on such telehealth technologies to perform those services.

SOURCE: 3 CCR 713-1. (Accessed Apr. 2024).

Veterinarians

A person must be licensed to practice veterinary medicine in Colorado in order to practice telemedicine in Colorado.

SOURCE: CO Revised Statute 12-315-303 as proposed to be added by HB 24-1048 (2024 Legislative Session). (Accessed Apr. 2024).

READ LESS

Connecticut

Last updated 04/12/2024

Effective Now Until June 30, 2024

Until June 30, 2024, …

Effective Now Until June 30, 2024

Until June 30, 2024, 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

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.

SOURCE: HB 5596 (2021 Session) & SB 2 (2022 Session) (Accessed Apr. 2024).

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. (Accessed Apr. 2024).

Permanent Statute

The 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 Apr. 2024).

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 Apr. 2024).

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 Apr. 2024).

READ LESS

Delaware

Last updated 04/24/2024

A health-care provider licensed in a state that has not …

A health-care provider licensed in a state that has not adopted an interstate compact applicable to the health-care provider may only provide telehealth under this chapter if the health-care provider obtains an interstate telehealth registration from the Division of Professional Regulation. A health-care provider is eligible for an interstate telehealth registration only if all of the following requirements are continuously met:

  1. The health-care provider holds a valid, active license issued by another state’s licensing authority or board.
  2. The health-care provider is licensed in good standing in all states in which the health-care provider is licensed.
  3. The health-care provider is not the subject of an administrative complaint which is currently pending before another state’s licensing authority or board.
  4. The health-care provider is not currently under investigation by another state’s licensing authority or board, or any authority in this State.

A health-care provider who obtains an interstate telehealth registration consents and agrees to be subject to all of the following:

  1. The law of this State regarding the health-care provider’s profession in this State, including all provisions of Title 11, Title 16, and this title, and all regulations of this State.
  2. The judicial system of this State, which includes consenting and agreeing to be subject to the personal jurisdiction of the courts of this State under Chapter 31 of Title 10.
  3. All profession conduct rules and standards incorporated into the practice act for the health-care provider’s profession.
  4. The jurisdiction of the applicable licensing board in this State, including the board’s complaint, investigation, and hearing process. Any discipline imposed by a licensing board in this State may be reported to the applicable National Practitioner Database, as well as to every jurisdiction in which the health-care provider holds a license.

SOURCE: Title 24, Ch. 60, Sec. 6002. (Accessed Apr. 2024).

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 Apr. 2024).

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 Apr. 2024).

Under Social Worker administrative code telehealth requirements, it is stated that a Delaware license is required, however the requirement does not apply to an individual providing social work services pursuant to a Delaware interstate telehealth registration, pursuant to Chapter 60 of Title 24 of the Delaware Code.

SOURCE: 24 DAC 3900, 10, as proposed to be amended by Final Regulations. (Accessed Apr. 2024).

Optometrists

In order to practice telehealth in Delaware, optometrists must have an active Delaware license in good standing or have obtained an interstate telehealth registration in compliance with Title 24, Ch. 60. Optometrists understand that this rule does not provide them with authority to practice telehealth in service to clients located in any jurisdiction other than Delaware, and they must comply with laws, rules, or policies for the practice of telehealth set forth by other jurisdictional boards of optometry. Optometrists practicing telehealth shall comply with all of these rules of professional conduct and with requirements incurred in state and federal statutes relevant to the practice of optometry.

SOURCE: 24 DAC 2100, 5, as proposed to be added by Final Regulations. (Accessed Apr. 2024).

READ LESS

District of Columbia

Last updated 06/05/2024

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 Jun. 2024).

Expedited licensure pathways exist for certain out-of-state physicians. See DC Health Regulation and Licensing Administration DMV Physician Licensure Reciprocity Pathway and DC Board of Medicine website for more details.

SOURCE: DC Board of Medicine. DMV Reciprocity Pathway. (Accessed Jun. 2024).

Health occupation licensing requirements prohibiting the practice of a health occupation without a District of Columbia license, registration, or certification shall not apply:

  • To an individual who administers treatment or provides advice in any case of emergency;
  • To an individual employed in the District by the federal government, while he or she is acting in the official discharge of the duties of employment;
  • To an individual engaged in the practice of pharmaceutical detailing for less than 30 consecutive days per calendar year;
  • To an individual, licensed, registered, or certified to practice a health occupation in a state, who is providing care to an individual, an animal, or group for a limited period of time, or who is called from a state in professional consultation by or on behalf of a specific patient, animal, or client to visit, examine, treat, or provide advice regarding the specific patient, animal, or client in the District, or to give a demonstration of a procedure or clinic in the District; provided, that the individual engages in the provision of care, consultation, demonstration, or clinic in affiliation with a comparable health professional licensed, registered, or certified pursuant to this chapter;
  • To an individual retained to testify as an expert witness in any court or administrative proceeding, hearing, or trial;
  • To a health professional who is authorized to practice a health occupation in any state adjoining the District who treats patients in the District if:
    • The health professional does not have an office or other regularly appointed place in the District to meet patients;
    • The health professional registers with the appropriate board and pays the registration fee prescribed by the board prior to practicing in the District; and
    • The state in which the individual is licensed allows individuals licensed by the District in that particular health profession to practice in that state under the conditions set forth in this section.

Notwithstanding the provisions of subparagraphs (A), (B), and (C) of subsection (a)(4) of this section, a health professional practicing in the District pursuant to subsection (a)(4) of this section shall not see patients, animals, or clients in the office or other place of practice of a District licensee, or otherwise circumvent the provisions of this chapter.

SOURCE: DC Code Sec. 3-1205.02. (Accessed Jun. 2024).

Except as otherwise provided in subsection (f) of this section, a practitioner who does not hold a license, registration, or certification to practice in the District pursuant to this act may not provide a telehealth service to a client or patient physically located in the District unless the practitioner and the client or patient have an existing practitioner-client or practitioner-patient relationship and:

  • The client or patient is temporarily present in the District; or
  • The client or patient is a District resident and the telehealth services provided do not exceed 120 days or a longer period of time as determined by the Mayor through rulemaking.

Nothing in this section shall be construed to conflict with interstate reciprocity agreements or occupational licensure interstate compacts entered into by the District.

SOURCE: DC Code Sec. 1201.05 as proposed to be added by B 25-0545 (2024 Session). (Accessed Jun. 2024).

READ LESS

Florida

Last updated 06/11/2024

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.

The board, or the department if there is no board, shall register a health care professional not licensed in this state as a telehealth provider if the health care professional:   See law for specific provider requirements.

A provider registered under this subsection shall maintain professional liability coverage or financial responsibility, that includes coverage or financial responsibility for telehealth services provided to patients not located in the provider’s home state, in an amount equal to or greater than the requirements for a licensed practitioner under s. 456.048, s. 458.320, or s. 459.0085, as applicable.

A health care professional registered under this subsection may not open an office in this state and may not provide in-person health care services to patients located in this state.

A pharmacist registered under this subsection may only use a pharmacy permitted under chapter 465, a nonresident pharmacy registered under s. 465.0156, or a nonresident pharmacy or outsourcing facility holding an active permit pursuant to s. 465.0158 to dispense medicinal drugs to patients located in this state.

A health care professional who is not licensed to provide health care services in this state but who holds an active license to provide health care services in another state or jurisdiction, and who provides health care services using telehealth to a patient located in this state, is not subject to the registration requirement under this section if the services are provided:

  • In response to an emergency medical condition as defined in s. 395.002; or
  • In consultation with a health care professional licensed in this state who has ultimate authority over the diagnosis and care of the patient.

SOURCE: FL Statute 456.47, (Accessed Jun. 2024).

The out-of-state telehealth provider registration is for health care practitioners licensed outside of Florida ONLY. Florida licensees can already provide telehealth services to patients in Florida that they can treat in person.

Health care practitioners with an out-of-state license or certification that falls under section 456.47(1)(b), F.S, qualify for an out-of-state telehealth provider registration number when they meet the following requirements:  See webpage for requirements.

SOURCE:   Florida Board of Medicine. (Accessed  Jun. 2024).

FAQs related to out-of-state telehealth providers can be found on the FL Health Source website.

READ LESS

Georgia

Last updated 05/24/2024

A person who is physically located in another state or
A person who is physically located in another state or foreign country and who, through the use of any means, including electronic, radiographic, or other means of telecommunication, through which medical information or data are transmitted, performs an act that is part of a patient care service located in this state, including but not limited to the initiation of imaging procedures or the preparation of pathological material for examination, and that would affect the diagnosis or treatment of the patient is engaged in the practice of medicine in this state. Any person who performs such acts through such means shall be required to have a license to practice medicine in this state or a telemedicine license issued pursuant to Code Section 43-34-31.1 and shall be subject to regulation by the board. Any such out-of-state or foreign practitioner shall not have ultimate authority over the care or primary diagnosis of a patient who is located in this state.

This Code section shall not apply to:

(1) The acts of a doctor of medicine or doctor of osteopathic medicine located in another state or foreign country who:

  • Provides consultation services at the request of a physician licensed in this state; and
  • Provides such services on an occasional rather than on a regular or routine basis;

(2) The acts of a physician or osteopathic physician licensed in another state or foreign country who:

  • Provides consultation services in the case of an emergency;
  • Provides consultation services without compensation, remuneration, or other expectation thereof; or
  • Provides consultation services to a medical school which is located within this state and approved by the board; or
(3) The acts of a physician or osteopathic physician located in another state or foreign country when invited as a guest of any medical school or osteopathic medical school approved by the board or a state medical society or component thereof, for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, provided that such physician or osteopathic physician is licensed to practice medicine or osteopathic medicine in the state or foreign country in which he or she is located.

SOURCE:  GA OCGA Sec. 43-34.31.  (Accessed May. 2024).

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 May. 2024).

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

SOURCE:  GA Rules & Regulations Sec. 360-3-.07 (Accessed May. 2024).

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 May. 2024).

READ LESS

Hawaii

Last updated 06/03/2024

The board may issue a courtesy permit to an individual …

The board may issue a courtesy permit to an individual licensed to engage in the practice of veterinary medicine in another jurisdiction.  A courtesy permit issued pursuant to this section shall be valid for a period of thirty days and may be renewed once in any twelve-month period; provided that any courtesy permit issued and renewed pursuant to this section shall not exceed sixty total days in any twelve-month period; provided further that a courtesy permittee’s request for more than two courtesy permits within a two-year period shall constitute prima facie evidence that the courtesy permittee is engaged in the active practice of veterinary medicine in the State and a license issued under section 471-9 shall be required.

SOURCE: HI Revised Statutes Sec. 471-9.5(a) (Section effective July 1, 2024) (Accessed Jun. 2024).

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 Jun. 2024).

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 Jun. 2024).

Dentistry

The board of dentistry may issue without examination to any resident or nonresident otherwise qualified to be examined a temporary license to practice dentistry in the employment of or while under contract with the State or any county, or any legally incorporated eleemosynary dispensary or infirmary, private school, or welfare center.  The temporary license shall authorize the person to whom the license is issued to practice dentistry exclusively while engaged in that employment or contracted by the department of health to conduct dental education and training, and shall be in force until the earliest of the following occurs:

     (1)  The date the person leaves the employment authorized under the temporary license;

     (2)  The three hundred ninety-sixth calendar day following the date of issuance of the temporary license;

     (3)  The date on which the results of the licensure examination taken by the person under this chapter are posted by the board; or

     (4)  The date on which the board revokes the temporary license;

provided that the board may revoke the temporary license at any time for cause.

SOURCE: HI Revised Statutes Sec. 448-12. (Accessed Jun. 2024).

Psychologist

A person not licensed in the State who wishes to engage in the practice of psychology for a period not to exceed ninety days within a calendar year shall petition the board for a temporary permit.  If the person is licensed or certified in another state deemed by the board to have standards equivalent to this chapter, the person shall be entitled to a temporary permit in the same manner and subject to the same conditions specified in section 465-8 applicable to the issuance of licenses.  The period of ninety days may be extended at the discretion of the board but not to exceed ninety days.

SOURCE: HI Revised Statutes Sec. 465-9. (Accessed Jun. 2024).

READ LESS

Idaho

Last updated 06/18/2024

Prior to delivering health care services via virtual care, a
Prior to delivering health care services via virtual care, a provider must obtain a license from the applicable licensing board, except a license is not required for virtual care when a provider licensed and in good standing in another state or jurisdiction of the United States:
  • Has established a patient-provider relationship with a person who is in Idaho temporarily for business, work, education, vacation, or other reasons and such person requires health care services from that provider;
  • Has established a patient-provider relationship with a person and provides temporary or short-term follow-up health care services to such person to ensure continuity of care;
  • Is employed by or contracted with an Idaho facility or hospital to provide care services for which the provider has been privileged and credentialed;
  • Renders health care services in a time of disaster and provides follow-up health care services to ensure continuity of care;
  • Provides health care services in preparation for a scheduled in-person care visit; or
  • Consults with or refers a patient to an Idaho licensed provider.
By engaging in virtual care with a patient located in Idaho, a provider exempted from Idaho licensure under subsection (1) of this section consents to the applicable Idaho laws, rules, and regulations governing the provider’s profession, including this chapter and the Idaho community standard of care, the jurisdiction of Idaho courts, the jurisdiction of the division of occupational and professional licenses, and the jurisdiction of the applicable licensing board regulating the provider’s profession, including the division’s and licensing board’s complaint, investigation, and hearing process and ability to seek injunctions and impose civil penalties and fines.

SOURCE: ID Statutes 54-5713.  (Accessed Jun. 2024).

For purposes of this section, any act that constitutes the delivery of health care services is deemed to occur at the place where the patient is located at the time the act is performed. Venue for a civil or administrative action initiated by the appropriate regulatory licensing authority or by a patient who receives virtual care services from an out-of-state provider may be located in the patient’s county of residence, an applicable county in Idaho, or another venue as deemed proper by a court of competent jurisdiction.

SOURCE: ID Statute 54-5712(2). (Accessed Jun. 2024).

Mental and Behavioral Health
For purposes of this section, a mental or behavioral health provider is a provider pursuant to section 54-5703(4), Idaho Code, who is licensed or registered in another state, district, or territory of the United States to practice mental or behavioral health care.
A mental or behavioral health provider who is not licensed in Idaho may provide telehealth services to an Idaho resident or person located in Idaho, notwithstanding any provision of law or rule to the contrary, pursuant to the requirements and limitations of this section.

In addition to the other requirements of this section, a mental or behavioral health provider who engages in interstate telehealth services pursuant to this section must:

  • Hold current, valid, and unrestricted licensure from an applicable health care licensing authority in a state, district, or territory of the United States that has substantially similar requirements for licensure as the corresponding Idaho licensing authority;
  • Not be subject to any past or pending disciplinary proceedings, excluding any action related to nonpayment of fees related to a license;
  • Act in full compliance with all applicable laws, rules, and regulations, including this chapter and laws and rules of the applicable Idaho licensing authority regarding such mental or behavioral health care practice;
  • Act in compliance with any existing Idaho requirements regarding the maintenance of liability insurance;
  • Consent to Idaho jurisdiction; and
  • Biennially register in Idaho to provide telehealth services.
The standard of care under this section shall be the Idaho community standard of care.
A mental or behavioral health provider who fails to comply with applicable Idaho laws, rules, and regulations shall be subject to investigation and disciplinary action by an applicable Idaho licensing authority. Disciplinary action may include but is not limited to revoking the mental or behavioral health provider’s Idaho practice privileges, referring the matter to licensing authorities in any states where the mental or behavioral health provider possesses licensure, and civil penalties.
Venue for a civil or administrative action initiated by a licensing authority or by a patient who receives telehealth services from an out-of-state mental or behavioral health provider shall be located in the patient’s county of residence or in any applicable county in Idaho.
Nothing in this section shields a mental or behavioral health provider from personal jurisdiction in Idaho.
A licensing authority responsible for issuing licenses to provide mental or behavioral health care services in this state shall register interstate telehealth providers pursuant to this section.
A licensing authority shall require an applicant for an Idaho registration to complete an application in a form prescribed by the licensing authority that demonstrates to the licensing authority that the applicant is in compliance with the provisions of this section and that such applicant consents to the requirements of this section. The licensing authority may establish an application registration fee not to exceed thirty-five ($35.00) dollars.
If a licensing authority finds that grounds for discipline against a registered provider exist, such licensing authority:
  • May impose upon the practice privileges of the registration holder any of the penalties that such licensing authority is authorized to impose;
  • Shall promptly notify licensing authorities in any state where a provider possesses licensure of any action taken against the telehealth registration practice privileges of a licensee pursuant to this section; and
  • May bring a civil or administrative action against such provider pursuant to subsection (6) of this section.
The registration provided for in this section is not equivalent to Idaho licensure for purposes of in-person services and shall not permit a registrant to provide any in-person services in Idaho. The registration cannot be used as a basis for reciprocal licensure or full licensure in Idaho.

SOURCE:  ID Statute 54-5714. (Accessed Jun. 2024).

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 Jun. 2024)

READ LESS

Illinois

Last updated 02/27/2024

A person who engages in the practice of telemedicine without …

A person who engages in the practice of telemedicine without a license or permit issued under this Act shall be subject to penalties provided in Section 59. A person with a temporary permit for health care may treat a patient located in this State through telehealth services in a manner consistent with the person’s scope of practice and agreement with a sponsoring entity.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 Feb. 2024).

A health care professional treating a patient located in this State through telehealth services must be licensed or authorized to practice in Illinois. A health care professional with a temporary permit for full practice advanced practice registered nurse for health care, a temporary permit for advanced practice registered nurse for health care, or a temporary permit for health care may treat a patient located in this State through telehealth services in a manner consistent with the health care professional’s scope of practice and agreement with a sponsoring entity.

SOURCE: IL Compiled Statutes, Chapter 225, 150/10. (Accessed Feb. 2024).

Recently Passed Legislation

Any person who was issued a temporary reinstatement permit by the Department pursuant to a proclamation issued by the Secretary or related action by the Director in response to the COVID-19 pandemic may continue to practice under his or her temporary reinstatement permit if he or she submits an application for restoration or reinstatement of his or her license to the Department on or before May 11, 2023. Any such person may continue to practice under his or her temporary reinstatement permit until the Department restores or reinstates the license or denies the application, at which time the temporary reinstatement permit shall expire. If the Department does not restore or reinstate the license or does not deny the application by May 11, 2024, the temporary reinstatement permit shall expire. If the person holding a temporary reinstatement permit does not submit an application for restoration or reinstatement to the Department on or before May 11, 2023, the temporary reinstatement permit shall expire on that date.

SOURCE:  HB 559 (Passed in 2023).  (Accessed Feb. 2024).

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 Feb. 2024).

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 Feb. 2024). 

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 . (Accessed Feb. 2024).

Dietian (To be repealed January 1, 2028)

No person may provide, offer to provide, or attempt to provide medical nutrition therapy, whether for remuneration, or hold himself or herself out as a licensed dietitian nutritionist or as a qualified provider of nutrition care services, including medical nutrition therapy, unless the person is licensed in accordance with this Act.

This Section does not prohibit the provision of medical nutrition therapy by: a person who is licensed to practice dietetics and nutrition under the law of another state, territory of the United States, or country and has applied in writing to the Department in form and substance satisfactory to the Department for a license as a dietitian nutritionist until (i) the expiration of 6 months after filing the written application, (ii) the withdrawal of the application, or (iii) the denial of the application by the Department.

SOURCE: 225 ILCS 30/15 (a) & (b).  (Accessed Feb. 2024).

Physician & Physician Assistant

The Department may issue a temporary permit to an applicant who is licensed to practice as a physician assistant in another state. The temporary permit will authorize the practice of providing health care to patients in this State, with a collaborating physician in this State, if certain conditions are met.

SOURCE: 225 ILCS 60/66 & 225 ILCS 95/9.7.  (Accessed Feb. 2024).

READ LESS

Indiana

Last updated 03/20/2024

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 Mar. 2024).

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 Mar. 2024).

READ LESS

Iowa

Last updated 04/22/2024

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 Apr. 2024).

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 Apr. 2024).

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 Apr. 2024).

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 Apr. 2024).

Board of Nursing – ARNP

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 Apr. 2024).

READ LESS

Kansas

Last updated 03/04/2024

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 Mar. 2024).

READ LESS

Kentucky

Last updated 03/18/2024

A provider must be licensed in Kentucky with certain exceptions, …

A provider must be licensed in Kentucky with certain exceptions, including 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 Mar. 2024).

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, (Accessed Mar. 2024).

Social Work – Temporary Permits for Out-of-State Independent Clinical (and Non-Clinical) License Holders

The temporary permit holder shall be allowed to practice telehealth in Kentucky if the permit holder:

  • Provides evidence to the board of appropriate training for telehealth practice;
  • Is complying with all telehealth laws and regulations of Kentucky; and
  • Has written consent for telehealth with clients.

The temporary permit holder shall provide evidence to the board of appropriate training for social work telehealth practice

Temporary permit holders shall not practice telehealth outside of Kentucky, which means that the location of the temporary permit holder and the client at the time of service shall be in Kentucky.

SOURCE: KY Admin Regulations Title 201 KAR 23:160, (Accessed Mar. 2024).

READ LESS

Louisiana

Last updated 06/04/2024

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.

SOURCE: LA Admin Code Sec. 46:XLV.408, (Accessed Jun. 2024).

Board of Medicine

The practice of medicine is deemed to occur at the location of the patient. Therefore, no physician shall utilize telemedicine to provide medical services to patients located in this state unless the physician:

  • holds an unrestricted Louisiana medical license; or
  • holds a telemedicine permit as provided in §408 of these rules.

SOURCE: LA Admin. Code 46: XLV.7507. p. 250 (Accessed Jun. 2024).

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 Jun. 2024).

ach state agency or professional or occupational licensing board or commission that regulates the practice of a healthcare provider, as defined in this Part, shall promulgate, in accordance with the Administrative Procedure Act, any rules necessary to provide for, promote, and regulate the use of telehealth in the delivery of healthcare services within the scope of practice regulated by the licensing entity.

  • The rules shall, at a minimum, provide for all of the following: …
    • Licensing or registration of out-of-state healthcare providers who seek to furnish healthcare services via telehealth to persons at originating sites in Louisiana. The rules shall ensure that the healthcare provider possesses, at a minimum, an unrestricted and unencumbered license in good standing to perform the healthcare service in the state in which the healthcare provider is located, and that the license is comparable to its corresponding license in Louisiana as determined by the respective Louisiana licensing agency, board, or commission.
    • Each state agency and professional or occupational licensing board or commission may provide by rule for a reasonable fee for the license or registration provided for in this Subsection.

Licensing or registration of out-of-state healthcare providers who seek to furnish healthcare services via telehealth to persons at originating sites in Louisiana. The rules shall ensure that the healthcare provider possesses, at a minimum, an unrestricted and unencumbered license in good standing to perform the healthcare service in the state in which the healthcare provider is located, and that the license is comparable to its corresponding license in Louisiana as determined by the respective Louisiana licensing agency, board, or commission.

Exemption from the telehealth license or registration required by this Subsection for the consultation of a healthcare professional licensed by this state with an out-of-state peer professional.

SOURCE: LA Revised Statutes 40:1223.4, (Accessed Jun. 2024).

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 Jun. 2024).

Teledentistry

Treatment or diagnosis of a patient via teledentistry is considered to occur at the location of the patient at the time of the treatment or diagnosis.

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 services.

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.

SOURCE: LA Admin Code 46:XXXIII.203 p. 12 (Accessed Jun. 2024).

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 Jun. 2024).

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 Jun. 2024).

Telehealth, regardless of where the service is rendered or delivered, constitutes the practice of audiology or speech-language pathology and shall require Louisiana licensure for in-state practitioners and telehealth registration for out-of-state licensed practitioners.

See admin code for registration requirements.

SOURCE: LA Admin Code LAC Title 46, Part LXXV, Sec. 135, (Accessed Jun. 2024).

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 Jun. 2024).

READ LESS

Maine

Last updated 05/20/2024

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 May 2024).

The Board, or if delegated, Board staff 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 May 2024).

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 examination fees and license fees for applicants for licensure 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 in situations of extreme and demonstrated hardship, 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 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 in situations of extreme and demonstrated hardship, examination fees and license fees set pursuant to paragraph D for 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. 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
  • To accept funds from the Federal Government, from any political subdivision of the State or from any individual, foundation or corporation and to expend those funds for purposes consistent with this section. The Director of the Office of Professional and Occupational Regulation may also provide grants to nongovernmental entities for purposes consistent with this section.

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 May 2024).

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 May 2024).

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 May 2024).

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 May 2024).

Board of Social Worker Licensure

Any social worker who provides social work services through telehealth shall meet the following requirements:

  • All social workers shall have an active Maine license in good standing; and
  • During the delivery of services through telehealth, the client shall be located within the borders of the State of Maine. Social workers are responsible for taking reasonable steps to verify the physical location of a client before providing services.

Social workers providing services via telehealth to a client physically located in any other jurisdiction are responsible for ensuring they comply with all laws and rules of that jurisdiction before providing services to a client located in that jurisdiction.

SOURCE: ME Regulation, 02-416-18. (Accessed May 2024).

READ LESS

Maryland

Last updated 05/27/2024

A health care practitioner providing health care services through telehealth …

A health care practitioner providing health care services through telehealth must be licensed, certified, or otherwise authorized by law to provide health care services in the State if the health care services are being provided to a patient located in the State.

SOURCE: MD Health Occupations Code Annotated Sec. 1-1005. (Accessed May 2024).

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.

See statute for complete list.

SOURCE: MD Health Occupations Code Annotated Sec. 14-301, 14-302. (Accessed May 2024).

Expedited licensure pathways exist for certain out-of-state physicians. See Maryland Board of Physicians website for more details.

SOURCE: MD Board of Physicians. Expedited License Pathways. (Accessed May 2024).

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 May 2024).

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 May 2024).

Psychologists

An individual shall be licensed with the Board as a psychologist or registered with the Board as a psychology associate in order to engage in the practice of psychology using telepsychology in Maryland if one or both of the following occurs:

  • The individual practicing telepsychology is physically located in Maryland: or
  • The client is in Maryland.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.36.10.03. (Accessed May 2024).

Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, Music Therapists

Subject to the provisions of Health Occupations Article, Title 2, Subtitle 3, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland or hold a compact privilege when providing telehealth services to a patient located in the State.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.41.06.03. (Accessed May 2024).

Occupational Therapists

Subject to the provisions of Health Occupations Article, §10-301, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland or hold a compact privilege when providing telehealth services to a patient located in the State.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.46.08.03. (Accessed May 2024).

Physical Therapists

Subject to the provisions of Health Occupations Article, §13-301, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland or hold a compact privilege in Maryland when providing telehealth services to a patient located in the State.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.38.13.03. (Accessed May 2024).

Massage Therapists

Subject to the provisions of Health Occupations Article, Title 6, Annotated Code of Maryland, a telehealth practitioner shall be licensed or registered in Maryland when providing telehealth services to a client located in the State.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.65.10.03. (Accessed May 2024).

Chiropractors

Subject to the provisions of Health Occupations Article, Title 3, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland when providing telehealth services to a patient located in the State.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.43.17.03. (Accessed May 2024).

Professional Counselors and Therapists

Subject to the provisions of Health Occupations Article, Title 17, Subtitles 3 and 4, Annotated Code of Maryland, in order to practice teletherapy a teletherapy practitioner shall be licensed in Maryland or hold a compact privilege in Maryland when providing teletherapy services to a client located in the State.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.58.06.03. (Accessed May 2024).

Podiatrists

Subject to the provisions of Health Occupations Article, Title 16, Subtitle 3, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland when providing telehealth services to a patient located in the State.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.40.12.03. (Accessed May 2024).

Dieticians

Subject to the provisions of Health Occupations Article, §5-301, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland when providing telehealth services to a patient located in the State.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.56.10.03. (Accessed May 2024).

Social Workers

Subject to the provisions of Health Occupations Article, Title 19, Subtitle 3, Annotated Code of Maryland, in order to practice teletherapy a teletherapy practitioner shall be licensed in Maryland when providing teletherapy services to a client located in the State.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.42.10.03. (Accessed May 2024).

Optometrists

Subject to the provisions of Health Occupations Article, §11-301, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland when providing telehealth services to a patient located in the State.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.28.01.03. (Accessed May 2024).

READ LESS

Massachusetts

Last updated 04/15/2024

Does Massachusetts have a special license for telemedicine?  No, you …

Does Massachusetts have a special license for telemedicine?  No, you must apply for a full license.

SOURCE: Board of Registration in Medicine, General Physician Licensing Questions, (Accessed Apr. 2024).

“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 Apr. 2024).

READ LESS

Michigan

Last updated 04/29/2024

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. See statute.

SOURCE: MI Public Health Code 333.16171. License for practice of health profession; exemptions. (Accessed Apr. 2024).

READ LESS

Minnesota

Last updated 06/24/2024

A physician not licensed to practice medicine in this state …

A physician not licensed to practice medicine in this state may provide medical services to a patient located in this state through interstate telehealth if the following conditions are met:

  • the physician is licensed without restriction to practice medicine in the state from which the physician provides telehealth services;
  • the physician has not had a license to practice medicine revoked or restricted in any state or jurisdiction;
  • the physician does not open an office in this state, does not meet with patients in this state, and does not receive calls in this state from patients; and
  • the physician annually registers with the board, on a form provided by the board.

See statute for registration requirements.

A physician who is not licensed to practice medicine in this state, but who holds a valid license to practice medicine in another state or jurisdiction, and who provides interstate telehealth services to a patient located in this state is not subject to the registration requirement of subdivision 1, paragraph (a), clause (4), if:

  • the services are provided in response to an emergency medical condition. For the purposes of this section, an emergency medical condition means a condition, including emergency labor and delivery, that manifests itself by acute symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected to result in placing the patient’s health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any body organ or part;
  • the services are provided on an irregular or infrequent basis. For the purposes of this section, a person provides services on an irregular or infrequent basis if the person provides the services less than once a month or provides the services to fewer than ten patients annually; or
  • the physician provides interstate telehealth services in this state in consultation with a physician licensed in this state and the Minnesota physician retains ultimate authority over the diagnosis and care of the patient.

The board shall obtain confirmation of licensure from all states and jurisdictions in which a physician registered under subdivision 1 has ever been licensed to verify statements made by the physician and to be notified if any future adverse action is taken against the physician’s license in another state or jurisdiction. This requirement does not replace the reporting obligation under section 147.111.

A physician who provides interstate telehealth services to a patient located in this state must comply with sections 144.291 to 144.298 with respect to the provision of those services.

SOURCE: MN Statute Sec. 147.032.  (Accessed Jun. 2024).

READ LESS

Mississippi

Last updated 04/05/2024

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 Apr. 2024).

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 Apr. 2024).

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 (15-016-006), (Accessed Apr. 2024).

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 Apr. 2024).

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 Apr. 2024).

Licensed Professional Counselors

Any person providing counseling or supervision services through the means of Distance Professional Services (Telemental Health) must meet the following requirements:

  • Be a practicing P-LPC, LPC, or LPC-S in Mississippi.
  • Hold a license in good standing in both the location where services are provided by the professional as well as in the location of the recipient of the services.
  • Submit to the Board verification of training (including synchronous or asynchronous audio/video webinars) in TeleMental Health counseling (see regulation for options).
  • At the time of license renewal, LPCs must document two (2) hours of continuing education in Telemental Health counseling and P-LPCs must document one (1) hour of continuing education in Telemental Health counseling. These continuing education hours are included as part of the required continuing education requirements for renewal.
  • No licensing fee will be assessed for the Distance Professional Services provider designation.

SOURCE: Title 30, Part 2201, Rule 7.5, (Accessed Apr. 2024).

READ LESS

Missouri

Last updated 05/01/2024

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 May 2024).

READ LESS

Montana

Last updated 06/03/2024

Treatment of a patient who is physically located in Montana …

Treatment of a patient who is physically located in Montana by a licensee using telemedicine occurs where the patient is physically located.

SOURCE: Montana State Board of Medical Examiners. Administrative Rules of MT. Rule 24.156.813 Practice Requirements for Physicians Using Telemedicine. (Accessed Jun. 2024).

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 or pursuant to the Audiology and Speech-Language Pathology Interstate Compact provided for in 37-15-401.

SOURCE: Montana Code Annotated 37-15-314 (Accessed Jun. 2024).

Board of Behavioral Health

Any individuals wishing to practice in Montana must have obtained a regular license. You cannot “transfer” a license nor does Montana have reciprocity agreements with any other jurisdictions. Telehealth/telepractice is a method of delivery of services and not a specific type of license or practice. To practice under the scope of the professions licensed under this board you must be licensed in the state of Montana (e.g., where the services are occurring). Note that laws concerning telepractice/telehealth vary from jurisdiction to jurisdiction so you should also check with the regulatory entity in the jurisdiction where you are licensed with regard to its laws.

SOURCE: Montana Dept. of Labor and Industry, Montana Board of Behavioral Health, FAQ (12/20/23). (Accessed Jun. 2023).

READ LESS

Nebraska

Last updated 04/10/2024

No Reference Found

No Reference Found

READ LESS

Nevada

Last updated 03/26/2024

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 Mar. 2024).

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 Mar. 2024).

A person shall not provide dental services through teledentistry to a patient who is located at an originating site in this State unless the person:

  • Is licensed to practice dentistry, dental hygiene or dental therapy in this State; and
  • Has complied with subsection 2 of NRS 631.220.

A licensee who provides dental services through teledentistry to patients located at an originating site in this State must possess and maintain a policy of professional liability insurance which insures the licensee against any liability arising from the provision of dental services.

SOURCE: NV Revised Statute Ch. 631 as added by AB 147 (2023 Session), (Accessed Dec. 2023).

Except as otherwise provided in subsection 5, a person shall not engage in optometric telemedicine to provide health care services to a patient located at an originating site in this State unless the person is licensed to practice optometry pursuant to this chapter.

A person who holds a valid, active and unrestricted license issued by the District of Columbia or any state or territory of the United States to practice optometry may conduct a consultation through asynchronous optometric telemedicine described in subsection 4 in the same manner as a licensee pursuant to that subsection without holding a license to practice optometry in this State.

SOURCE: NV Revised Statute Ch. 636 as added by AB 432 (2023 Session), (Accessed Dec. 2023).

READ LESS

New Hampshire

Last updated 03/29/2024

An out-of-state physician providing services by means of telemedicine shall …

An out-of-state physician providing services by means of telemedicine shall be deemed to be in the practice of medicine and shall be required to be licensed under this chapter. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II.

SOURCE: NH Revised Statutes Annotated, 329:1-d-II, (Accessed Mar. 2024).

Any out-of-state physician providing radiological services who performs radiological diagnostic evaluations or interpretations for New Hampshire patients by means of teleradiology shall be deemed to be in the practice of medicine and shall be required to be licensed under this chapter.

SOURCE: NH Revised Statutes Annotated, 329:1-b (Accessed Mar. 2024).

Licensing requirements do not apply…

  • 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.
  • To any physician residing on the border of a neighboring state and duly authorized under the laws thereof to practice medicine therein, whose practice extends into this state, and who does not open an office or appoint a place to meet patients or to receive calls within this state; or
  • To regular or family physicians of persons not residents of this state, when called to attend them during a temporary stay in this state, provided such family physicians are legally registered in some state; or
  • To podiatry; or
  • To simple treatments such as massage or baths; or
  • To nurses in their legitimate occupations; or
  • To cases of emergency; or
  • To the administration of ordinary household remedies; or
  • To the advertising or sale of patent medicines; or
  • To those who endeavor to prevent or cure disease or suffering by spiritual means or prayer; or
  • No physician assistants or other paramedical personnel shall engage in the practice of optometry as defined in RSA 327:1 or perform any service rendered by an optician.
  • To such emergency medical services personnel as are approved and licensed by the commissioner of the department of safety under RSA 153-A.
  • Midwives certified pursuant to RSA 326-D and practicing midwifery pursuant to RSA 326-D:2, V.

SOURCE: NH Revised Statutes Annotated, 329:21, (Accessed Mar. 2024).

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 Mar. 2024).

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 Mar. 2024).

Licensure of Physicians and Physician Assistants Treating Patients Incarcerated with the Department of Corrections

Unless otherwise prescribed by statute, or the patient is currently in the custody of the New Hampshire department of corrections, 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 pursuant to RSA 329:21, II.

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.  Out-of-state health care professionals treating patients in the custody of the department of corrections shall be required to be licensed, certified, or registered by, and in good standing with, the appropriate licensing body within their state of practice.

Source:  Senate Bill 126 (2023 Session), and RSA 310-A:1-g, IV and 310-A:1-ff, [may be repealed], (Accessed Mar. 2024).

READ LESS

New Jersey

Last updated 05/09/2024

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 May 2024). 

A (practitioner) 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 13:30-9.1 (Dental), 13:34-6A.1 (Marriage and Family Therapy Examiners)13:34-32.1 (Marriage and Family Therapy), 13:34D-8.1 (Art Therapists), 13:35-2C.1 (Physician Assistant), 13:35-6B.1 (Physician), 13:35-8.21 (Hearing Aid Dispenser), 13:35-9.21 (Acupuncturist), 13:35-10.26, 13:35-12A.1 (Electrology), 13:35-14-19 (Genetic Counselor), 13:37-8A.1 (Nurse), 13:39A-10.1 (Physical Therapist or Physical Therapist Assistant), 13:42-13.1 (Psychologist), 13:44C-11.1 (Audiologist/Speech Language Pathologist), 13:44F-11.1 (Respiratory Care), 13:44G-15.1 (Social Worker), 13:44H-11.1 (Orthotics & Prosthetics), 13:44K-7.1 (Occupational Therapy), 13:44L-7.1 (Polysomnography). (Accessed May 2024).

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 May 2024).

Alcohol and Drug Counselor

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 May 2024).

Veterinary Care

A veterinarian 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.
Pursuant to N.J.S.A. 45:16-8.1, a veterinarian located in another state who consults on a case with a licensee in New Jersey through the use of information and communications technologies will not be required to obtain licensure in New Jersey in order to provide such consultation.
SOURCE: NJ Admin Code 13:44-4A.1. (Accessed May 2024).
READ LESS

New Mexico

Last updated 06/17/2024

Expedited License

Prerequisites for licensure: Each applicant for a license …

Expedited License

Prerequisites for licensure: Each applicant for a license to practice as a physician in New Mexico must be of good moral character, hold a full and unrestricted license to practice medicine in another state, and possess the following qualifications:

  • have practiced medicine in the United States or Canada immediately preceding the application for at least three years;
  • be free of disciplinary history, license restrictions, or pending investigations in all jurisdictions where a medical license is or has been held;
  • graduated from a board approved school or hold current ECFMG certification; and
  • current certification from a medical specialty board recognized by the ABMS or the AOA-BOS.

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

See regulation for process details.

SOURCE: NM Admin Code, Sec. 16.10.2.11, (Accessed Jun. 2024).

Telemedicine License

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.

Each applicant for a telemedicine license must submit the required fees as specified in 16.10.9.8 NMAC and the documentation required by 16.10.2.10 NMAC for an expedited license. An applicant for a telemedicine license shall be subject to the same provisions as an applicant seeking an expedited license.

  • 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.

Exemption from licensure requirements are defined in Section 61-6-17 NMSA of the Medical Practice Act and include a physician licensed to practice under the laws of another state who acts as a consultant to a New Mexico licensed physician on an irregular or infrequent basis not to exceed ten patients per year.

SOURCE: NM Administrative Code 16.10.2.11, (Accessed Jun. 2024).

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 Jun. 2024).

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 that the requirements shall not be more restrictive than those required for expedited licensure.

A telemedicine license shall be issued for a period not to exceed three years and may be renewed upon application, payment of fees as provided in Section 61-6-19 NMSA 1978 and compliance with other requirements established by rule of the board.

SOURCE: NM Statutes Annotated, 1978 Sec. 61-6-11.1 (Accessed Jun. 2024).

A board may issue a temporary or other provisional license, including an expedited license, to a person licensed in another licensing jurisdiction, which may be limited as to time, practice or other condition of a regular license.  If a board requires licensees to carry professional or occupational liability or other insurance, the board shall require the applicant for a temporary or provisional license to show evidence of having required insurance that will cover the person in New Mexico during the term of the temporary or provisional license.  Each board shall provide information on the board’s website that describes the insurance requirements for practice in New Mexico, if applicable.

SOURCE: NM Statutes Annotated, 1978 Sec. 61-1-31.2 (Accessed Jun. 2024).

The board may grant an expedited license to a qualified applicant licensed in another state or territory of the United States, the District of Columbia or a foreign country as provided in Section 61-1-31.1 NMSA 1978.  The board shall process the application as soon as practicable but no later than thirty days after the out-of-state medical or osteopathic physician files an application for expedited licensure accompanied by any required fee if the applicant:

  1. holds a license that is current and in good standing issued by another licensing jurisdiction approved by the board; and
  2. has practiced medicine or osteopathy as a licensed physician for at least three years.

See statute for additional details.

SOURCE: NM Statutes Annotated, 1978 Sec. 61-6-13 & 61-14-10 (Accessed Jun. 2024).

Upon application of an out-of-state licensed social worker, the board shall license a qualified applicant for the licensure level sought as provided in Section 61-1-31.1 NMSA 1978.

The board shall process the application as soon as practicable but no later than thirty days after the out-of-state social worker submits a complete application for expedited licensure accompanied by any required fee.  See statute for additional details.

SOURCE: NM Statutes Annotated, 1978 Sec. 61-31-13 (Accessed Jun. 2024).

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 16.17.2.8, (Accessed Jun. 2024).

Telemedicine

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

SOURCE: NM Administrative Code 16.10.2.8 (Accessed Jun. 2024).

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 Jun. 2024).

READ LESS

New York

Last updated 06/03/2024

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 Jun. 2024).

READ LESS

North Carolina

Last updated 03/17/2024

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 Mar. 2024).

Dietetics, Nutritionists

Any person, whether residing in this State or not, who by use of electronic or other medium performs any of the acts described as the practice of medical nutrition therapy with a client or patient located in this State, but is not licensed pursuant to Article 25 of Chapter 90 of the General Statutes shall be deemed by the Board as being engaged in the practice of medical nutrition therapy and subject to the enforcement provisions available to the Board. Among other remedies, the Board shall report violations of this Rule to any occupational licensing board having issued an occupational license to a person who violates this Rule. This Rule does not apply to persons licensed pursuant to, or exempt from licensure pursuant to, Article 25 of G.S. 90.

SOURCE: 21 NCAC 17.0403, (Accessed Mar. 2024).

READ LESS

North Dakota

Last updated 06/10/2024

Medical Nutrition Therapy and Nutrition Care Services

An individual providing …

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 Jun. 2024).

READ LESS

Ohio

Last updated 06/05/2024

With respect to the provision of telehealth services, all of …

With respect to the provision of telehealth services, all of the following apply: …

  • The professional may provide telehealth services to a patient located outside of this state if permitted by the laws of the state in which the patient is located.

SOURCE:  Ohio Revised code 4743.09, (Accessed Jun. 2024).

Medical Board

“Telehealth services” means health care services provided through the use of information and communication technology by a health care professional licensed in Ohio, within the professional’s scope of practice, who is located at a site other than the site where the patient is receiving the services or the site where another health care professional with whom the provider of the services is formally consulting regarding the patient is located.

SOURCE: OH Admin Code 4731-37-01 (Accessed Jun. 2024).

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 Jun. 2024).

Vision Professionals

A health care professional shall comply with all of the following administrative requirements to provide telehealth services to a patient which meet the standard of care including, but not limited to: …

  • The health care professional shall verify the patient’s identity and physical location in Ohio, and communicate the health care professional’s name and type of active Ohio license held to the patient if the health care professional has not previously treated the patient. This may be done verbally as long as it is documented by the health care professional in the patient’s medical record

A health care professional shall comply with the following requirements to provide telehealth services that involve a formal consultation with another health care professional: …

  • The consulting health care professional shall meet the licensure or certification requirements in division (C) of section 4743.09 of the Revised Code

SOURCE: Ohio Administrative Code 4725-25-01. (Accessed Jun. 2024).

Chiropractic Physicians

Provided that the standard of care for an in-person visit can be met for the patient and the patient’s medical condition through the use of the technology selected, each licensee that performs telehealth services must comply with the provisions outlined in Chapter 4734. of the Revised Code and Chapter 4734. of the Administrative Code. The following provisions additionally apply to telehealth services: …

  • The licensee providing telehealth services must have an active Ohio license to practice chiropractic in the state of Ohio.
  • The licensee must communicate their first and last name and ensure the patient understands their licensure status as a chiropractor prior to rendering telehealth services to the patient.
  • The patient receiving telehealth services must be located within the state of Ohio. The licensee must verify the identity and physical location of the patient at the beginning of each telehealth visit.

SOURCE: OH Admin Code 4734-8-10, (Accessed Jun. 2024).

READ LESS

Oklahoma

Last updated 03/06/2024

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 Mar. 2024).

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

SOURCE: OK Statute, Title 59, Sec. 633, (Accessed Mar. 2024).

 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. (Accessed Mar. 2024).

Except as provided in 59 O.S.§ 1604, no practitioner licensed in another state may deliver speech-language pathology and audiology services via telepractice to clients located in Oklahoma, unless licensed in Oklahoma.

SOURCE: OK Admin Code Sec. 690:10-3-9.  (Accessed Mar. 2024).

The Board may issue a license for a speech-language pathology assistant to a person who holds a current speech-language pathology assistant license in another state or country according to the following conditions:

  • Payment of the Board’s current fee for licensure; AND one of the following:
  • The applicant submits evidence of licensure in good standing from another other state or country which maintains a system and standard of qualifications and examinations for speech-language pathology assistants which meets or exceeds the current requirements for licensure in Oklahoma; OR
  • The applicant is currently certified as an American Speech-Language-Hearing Association (ASHA) speech-language pathology assistant.

SOURCE: OK Admin Code Sec. 690:10-7-9.  (Accessed Mar. 2024).

In order to provide physical therapy via telehealth defined in 435:20-1-1.1 of the Code, a physical therapist or physical therapist assistant providing services to a patient or client, physically located in Oklahoma, must have a valid and current Oklahoma Physical Therapist or Physical Therapist Assistant license, issued by State of Oklahoma.

SOURCE: OK Admin Code Sec. 435:20-5-11 (Accessed Mar. 2024).

READ LESS

Oregon

Last updated 03/30/2024

A person may not engage in the practice of medicine …

A person may not engage in the practice of medicine across state lines, claim qualification to engage in the practice of medicine across state lines or use any title, word or abbreviation to indicate or to induce another to believe that the person is licensed to engage in the practice of medicine across state lines unless the person is licensed in accordance with ORS 677.139.

ORS 677.135 (“Practice of medicine across state lines” defined for ORS 677.135 to 677.141) to 677.141 (Responsibilities) do not apply to a physician or physician assistant engaging in the practice of medicine across state lines in an emergency, as defined by rule of the Oregon Medical Board.

ORS 677.135 (“Practice of medicine across state lines” defined for ORS 677.135 to 677.141) to 677.141 (Responsibilities) do not apply to a licensed physician or physician assistant located outside this state who:

    • Consults with another physician or physician assistant licensed to practice medicine in this state; and
    • Does not undertake the primary responsibility for diagnosing or rendering treatment to a patient within this state.

ORS 677.135 (“Practice of medicine across state lines” defined for ORS 677.135 to 677.141) to 677.141 (Responsibilities) do not apply to a licensed physician or physician assistant located outside this state who has an established physician-patient relationship with a person who is in Oregon temporarily and who requires the direct medical treatment by that physician or physician assistant.

SOURCE: OR Revised Statutes Annotated Sec. 677.137 (Accessed Mar. 2024).

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 Mar. 2024).

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 Mar. 2024).

“The practice of medicine across state lines” means:

The rendering directly to a person of a written or otherwise documented medical opinion concerning the diagnosis or treatment of that person located within Oregon for the purpose of patient care by a physician or physician assistant located outside Oregon as a result of the transmission of individual patient data by telemedicine as defined in Oregon Laws 2022, chapter 45, section 14, from within Oregon to that physician, the physician’s agent, or physician assistant outside Oregon; or

The rendering of medical treatment directly to a person located within Oregon by a physician or physician assistant located outside Oregon as a result of the outward transmission of individual patient data by telemedicine as defined in Oregon Laws 2022, chapter 45, section 14, from within this state to that physician, the physician’s agent, or a physician assistant outside the state.

SOURCE: OR Admin. Rules, 847-025-0010. (Accessed Mar. 2024).

A license to practice across state lines is not required of a physician or physician assistant:

  • Engaging in the practice of medicine across state lines in an emergency; or
  • Located outside this state who consults with another physician or physician assistant licensed to practice medicine in this state, and who does not undertake the primary responsibility for diagnosing or rendering treatment to a patient in Oregon;
  • Located outside the state and who has an established provider-patient relationship with a patient who is in Oregon temporarily for the purpose of business, education, vacation, or work and who requires the direct medical treatment by that physician or physician assistant.
  • Located outside the state and who has an established provider-patient relationship with a patient located in Oregon who requires temporary or intermittent follow-up care.

A physician or physician assistant who is located outside this state and practices medicine as described in section (1) of this rule is subject to ORS chapter 677 and rules adopted pursuant to ORS chapter 677, including but not limited to the disciplinary authority of the Board, while or as a result of practicing medicine as described in section (1) of this rule.

SOURCE: OR Admin. Rules, 847-025-0020. (Accessed Mar. 2024).

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.

A license to practice medicine across state lines is not a limited license per ORS 677.132 or ORS 677.535.

A telemedicine licensee must not:

  • Act as a dispensing physician as described in ORS 677.010(5) or dispensing physician assistant as described in ORS 677.511;
  • Prescribe controlled substances for the management of chronic pain to a person located in Oregon;
  • Provide written documentation for purposes of ORS 475C.783;
  • Employ a physician assistant as defined in ORS 677.495 to treat a person located within Oregon;
  • Assert a lien for services under ORS 87.555;
  • Act as a supervising physician of an Oregon-certified First Responder or Emergency Medical Technician as defined in ORS 682.245;
  • Be eligible for any tax credit provided by ORS 316.076;
  • Participate in the Rural Health Services Program under 442.550 to 442.570; or
  • Prescribe medication based only on a sale or form over the Internet, unless an appropriate provider-patient relationship is established and the standard of care described in ORS 677.095 and 677.265 is met.

SOURCE: OR Admin. Rules, 847-025-0030. (Accessed Mar. 2024).

To qualify for a license to practice medicine across state lines:

  • An applicant must hold a full, unrestricted license to practice medicine in another state, must not have been the recipient of a previous disciplinary or other action by any other state or jurisdiction and must otherwise meet the standards of licensure under ORS chapter 677.
  • An applicant who meets the qualifications for a license to practice medicine across state lines with the exception of being the recipient of previous disciplinary or other action by another state or jurisdiction may be issued a license for the practice of medicine across state lines if the Board finds that the previous disciplinary or other action does not indicate that the applicant is a potential threat to the public interest, health, welfare and safety of the citizens of the state of Oregon.
  • An applicant does not qualify for a license to practice medicine across state lines if the applicant is the subject of a pending investigation by a state medical board or another state or federal agency.

SOURCE: OR Admin. Rules, 847-025-0040. (Accessed Mar. 2024).

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 Mar. 2024).

Do I need an Active Oregon license if I am an Out-of-State-Physician providing service for Oregon patients with no patient contact (i.e., Teleradiology, Telemedicine, Pathologist, Telemonitoring)?
See requirements below:

  • Pathology: NO
  • Teleradiology: NO
  • Telemedicine: YES
  • Telemonitoring: YES

SOURCE:  OR Medical Board. Application Process. FAQs. (Accessed Mar. 2024).

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 Mar. 2024).

Each active and telehealth licensee must notify the Board in writing of each place of practice before engaging in practice at that location. If the licensee is practicing in a mobile facility or with a portable unit, the licensee must report the Base of Operations and specific locations of such practice to the Board in compliance with this rule. Telehealth licensees must notify the Board of any distant site locations including websites, applications and other virtual sites or online platforms.

SOURCE: OR Admin Rules, 852-050-0016, (Accessed Mar. 2024).

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 Mar. 2024).

READ LESS

Pennsylvania

Last updated 05/07/2024

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 May 2024).

How will the use of telemedicine by out-of-state practitioners be impact?

As was the case prior to the pandemic, practitioners wishing to provide services to individuals in Pennsylvania need to be licensed in Pennsylvania in order to practice in Pennsylvania. This holds true whether the provision of services occurs in person or via an electronic interaction such as a telehealth consultation. Practitioners who are not licensed in Pennsylvania and wish to provide services to individuals in Pennsylvania via telemedicine or otherwise may apply for licensure here:  https://www.pals.pa.gov

SOURCE: PA Dept. of State, Professional Licensing, Telemedicine FAQ.  (Accessed May 2024).

READ LESS

Puerto Rico

Last updated 03/28/2024

As of the entry into force of this law, any

As of the entry into force of this law, any doctor or health professional authorized to practice in Puerto Rico may make their consultations or provide their services through technology.  telemedicine or telehealth in Puerto Rico. For this, you will only have to request certification to practice telemedicine or telehealth and have it granted by the Licensing Board or the Examining Board or Governing Body, according to the profession exercised by the applicant and in accordance with the requirements contained in their respective regulations.

It will be a sufficient requirement to obtain certification that the applicant doctor or health professional is authorized to practice his or her profession in Puerto Rico, according to its Board or Governing Body, and has a current license.

Any doctor or health professional who is not duly licensed and authorized to practice in Puerto Rico, or in federal jurisdiction, will not be able to receive certification to practice telemedicine.  or telehealth on the Island.

SOURCE: 20 LPRA 6011(d). (Accessed Mar. 2024).

As of the approval of this law, every surgeon or osteologist who wishes to practice telemedicine in the Commonwealth of Puerto Rico must request and obtain a license from the Examining Court to practice medicine, surgery or osteology, complying with the established requirements. in secs. 31 et seq. of Title 20.

SOURCE: 20 LPRA Section 6002. (Accessed Mar. 2024).

As of the approval of this law, no doctor, surgeon, or osteologist outside the jurisdiction of the Commonwealth of Puerto Rico without being duly licensed to do so, may write or publish an advertisement claiming to be legally qualified to do so. the practice of telemedicine unless it has a license duly issued by the Examining Court that shows that it complies with the requirements of Law No. 22 of April 22, 1931.

This requirement will not apply to those doctors or osteologists who, being outside the jurisdiction of the Commonwealth, are consulted by doctors or osteologists duly licensed in Puerto Rico.

However, any doctor or osteologist who is consulted must be duly authorized to practice medicine in the jurisdiction from which they provide their services. Likewise, the institutions that the consulted doctors represent or those that provide their facilities for consultation, must have the official certifications of the jurisdiction where they reside.

SOURCE:  20 LPRA Section 6003 (Accessed Mar 2024).

READ LESS

Rhode Island

Last updated 05/15/2024

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 non-compensated 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 May 2023).

Speech Language Pathologists

No person shall practice as, advertise as, or use the title of speech-language pathologist or audiologist unless licensed in accordance with the provisions of the act and this section. The provisions of the act and this section shall not apply to individuals specifically exempt from the provisions thereof by § 5-48-10.

A provisional license for the clinical fellow as defined in this chapter shall be required in speech-language pathology for that period of postgraduate professional experience as required in §§ 5-48-7 and 5-48.2-5. A provisional license shall authorize an individual to practice speech-language pathology solely in connection with the completion of the supervised postgraduate professional experience.

Any person residing in and/or licensed in another state who provides telepractice services in the area of speech-language pathology and audiology within the State of Rhode Island regardless of their legal residence must be licensed in the state in accordance with the provisions of the act and this chapter. The provisions of the act and this chapter shall not apply to individuals specifically exempt from the provisions thereof by § 5-48-10.

In addition to the requirements set forth in § 5-48-7.2, persons seeking initial licensure as an audiologist providing in-person or telepractice services shall meet certain requirements.  See law for license qualifications.

SOURCE: RI Statute 5-48.2-4 & 5, (Accessed May 2024).

READ LESS

South Carolina

Last updated 05/07/2024

A licensee who provides care, renders a diagnosis, or otherwise

A licensee who provides care, renders a diagnosis, or otherwise engages in the practice of medicine as defined in Section 40-47-20(36) via telemedicine as defined in Section 40-47-20(52) shall:

  1. be licensed to practice medicine in this State; provided, however, a licensee need not reside in this State if he has a valid, current South Carolina medical license; further, provided, that a licensee who resides in this State and intends to practice medicine via telemedicine to treat or diagnose patients outside of this State shall comply with other applicable state licensing boards; and
    • this requirement is not applicable to an informal consultation or second opinion, at the request of a physician licensed to practice medicine in this State, provided that the physician requesting the opinion retains the authority and responsibility for the patient’s care; and
    • where an in-person physician-patient relationship is established in another state for specialty care and treatment is ongoing by that out-of-state provider, care provided pursuant to an existing treatment plan via telehealth in this State by the out-of-state provider between in-person visits is considered acts incidental to the care of the patient in another state and the out-of-state provider is not required to be licensed in this State. This exception may not be construed to apply to:
      • episodic care that is provided by an out-of-state provider;
      • new health conditions that arise and are not connected to the condition being treated by the out-of-state provider; or
      • care provided by an out-of-state provider for extended periods of time without intervening in-person visits; and
    • for purposes of subitems (a) and (b), the care provided to the patient by the out-of-state provider is deemed to have occurred where the patient was located at the time health care services were provide to him by means of telehealth; and
    • shall maintain a controlled substances registration with South Carolina’s Bureau of Drug Control if prescribing controlled substances.

Nothing in this section may be construed to prohibit electronic communications between:

  1. a physician and patient with a preexisting physician-patient relationship;
  2. a physician and another physician concerning a patient with whom the other physician has a physician-patient relationship; or
  3. a provider and a patient when treatment is provided pursuant to an on-call situation or a cross-coverage situation.

Notwithstanding any of the provisions of this section, the board shall retain all authority with respect to telemedicine practice as granted in Section 40-47-10(I) of this chapter.

SOURCE: SC Code Annotated Sec. 40-47-37 as amended by H 4159 (2024 Session). (Accessed May 2024).

A licensee who provides health care via telehealth must be licensed in this State; provided however, a licensee need not reside or maintain a physical office in this State to be considered actively practicing medicine if he has a valid, current license issued by the applicable licensing board in this State; further provided that a licensee residing in this State who intends to practice via telehealth to treat or diagnose patients outside of this State shall comply with other state licensing boards; and shall maintain a controlled substances registration with South Carolina’s Bureau of Drug Control if prescribing controlled substances.

Nothing in this section may be construed to prohibit electronic communications between a licensee and patient with a preexisting licensee-patient relationship, between a licensee and another licensee concerning a patient with whom the other licensee has a licensee-patient relationship, or between a licensee and a patient when treatment is provided pursuant to an on-call situation or a cross-coverage situation.

Notwithstanding any of the provision of this section, a licensee’s respective licensing board retains all authority with respect to telehealth practice in accordance with the authorization provided to him by his respective practice act.

SOURCE: SC Code Annotated Sec. 40-42-20 as proposed to be added by H 4159 (2024 Session). (Accessed May 2024).

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). (Accessed May 2024).

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. (Accessed May 2024).

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. (Accessed May 2024).

Physician assistants are authorized to perform telemedicine and telehealth in accordance with the requirements of Section 40-47-37 including, but not limited to, Section 40-47-37(C)(6) requiring board authorization prior to prescribing Schedule II and Schedule III prescriptions; Section 40-47-113, approved written scope of practice guidelines, and pursuant to all physician supervisory requirements imposed by this chapter without having to be licensed to practice medicine in this State as otherwise required in Section 40-47-37(A)(4).

SOURCE: SC Code Annotated Sec. 40-47-935 as amended by H 4159 (2024 Session). (Accessed May 2024).

An advanced practice registered nurse may perform medical acts via telemedicine and telehealth pursuant to a practice agreement as defined in Section 40-33-20(45) without having to be licensed to practice medicine in this State as otherwise required in Section 40-47-37(A)(4).

SOURCE: SC Code Annotated Sec. 40-33-34(I)(2) as amended by H 4159 (2024 Session). (Accessed May 2024).

READ LESS

South Dakota

Last updated 04/02/2024

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 Apr. 2024).

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 Apr. 2024).

READ LESS

Tennessee

Last updated 05/03/2024

“Healthcare provider” means:

  • An individual acting within the scope of

“Healthcare 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 May 2024).

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 May 2024).

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 May 2024).

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

SOURCE: TN Rule Annotated, Rule 1050.02.17.(2) (Accessed May 2024).

Outpatient laboratory testing in Tennessee hospitals may be ordered by the following:

  1. Any licensed Tennessee practitioner who is authorized to do so by T.C.A. § 68- 29-121;
  2. Any out-of-state practitioner who has a Tennessee telemedicine license issued pursuant to Rule 0880-02-.16; or
  3. Any duly licensed out-of-state health care professional as listed in T.C.A. § 68- 29-121 who is authorized by his or her state board to order outpatient laboratory testing in hospitals for individuals with whom that practitioner has an existing face-to-face patient relationship as outlined in Rule 0880-02-.14(7)(a)1., 2., and 3.

Outpatient diagnostic testing in Tennessee hospitals may be ordered by the following:1. Any Tennessee practitioner licensed under Title 63 who is authorized to do so by his or her practice act;2. Any out-of-state practitioner who has a Tennessee telemedicine license issued pursuant to Rule 0880-02-.16; or3. Any duly licensed out-of-state health care professional who is authorized by his or her state board to order outpatient diagnostic testing in hospitals for individuals with whom that practitioner has an existing face-to-face patient relationship as outlined in Rule 0880-02-.14(7)(a)1., 2., and 3.

SOURCE: TN Rule Annotated, Rule 0720-14-.07 (Accessed May 2024).

No person shall engage in the practice of dentistry, 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. Teledentistry shall not alter or amend the supervision requirements or procedures that are authorized for licensed dental hygienists or registered dental assistants as stated by T.C.A § 63-5-115, 0460-03-.09 and 0460-04-.08.

SOURCE: TN Rule Annotated, Rule 0460-01-.19 (Accessed May 2024).

READ LESS

Texas

Last updated 04/25/2024

A person may not engage in the practice of medicine …

A person may not engage in the practice of medicine across state lines in this State, hold oneself as qualified to do the same, or use any title, word, or abbreviation to indicate or induce others to believe that one is licensed to practice across state lines in this state unless the person is actually so licensed. For a person to be eligible for an out-of-state telemedicine license to practice medicine across state lines under the Medical Practice Act, §151.056, and §163.1 of this title (relating to Definitions), the 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.

Denial of Out-of-State Telemedicine License. An application for an out-of-state telemedicine license to practice medicine across state lines may be denied based on failure to demonstrate the requisite qualifications for issuance of an out-of-state license, grounds for denial of an application for a full license pursuant to §155.003(e) of the Act, failure to submit the required fee, and any grounds for disciplinary action of a licensee under the Medical Practice Act, §164.051 (relating to Grounds for Denial or Disciplinary Action).

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 Apr. 2024).

 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 Apr. 2024).

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 Apr. 2024).

Mental Health Services

Notwithstanding any other law, 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 a telemedicine medical service or a telehealth service to a patient who is located outside of this state, subject to any applicable regulation of the jurisdiction in which the patient is located.

SOURCE: TX Occupations Code 113.002 (Accessed Apr. 2024).

In accordance with §113.002 of the Occupations Code, a licensee of the Executive Council may provide a mental health service, that is within the scope of the license, through the use of a telehealth service to a client who is located outside of this state, subject to any applicable regulation of the jurisdiction in which that client is located. Such conduct does not constitute the practice of marriage and family therapy, professional counseling, psychology, or social work in this state.

SOURCE: TX Admin Code Title 22, Part 41, Ch. 882, Subch. B, Rule 882.23, (Accessed Apr. 2024).

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 111.0075, (Accessed Apr. 2024).

For purposes of this subtitle, 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 Apr. 2024).

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 Apr. 2024).

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 Apr. 2024).

Behavioral Analysts

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, Part 4, Ch. 121, Sec. E, Sec. 121. 79 (Accessed Apr. 2024).

READ LESS

Utah

Last updated 06/25/2024

An individual engaging in the practice of medicine may practice …

An individual engaging in the practice of medicine 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, received, expected, or contemplated for the services rendered beyond an amount necessary to cover the proportionate cost of malpractice insurance; and
  • the individual does not otherwise engage in unlawful or unprofessional conduct;

SOURCE: UT Code Annotated Sec. 58-67-305(7). (Accessed Jun. 2024).

An individual who is licensed, in good standing, to practice mental health therapy in a state or territory of the United States outside of Utah may provide short term transitional mental health therapy remotely to a client in Utah only if:

  • the individual is present in the state or territory where the individual is licensed to practice mental health therapy;
  • the client relocates to Utah;
  • the client is a client of the individual immediately before the client relocates to Utah;
  • the individual provides the short term transitional mental health therapy to the client only during the 45 day period beginning on the day on which the client relocates to Utah;
  • within 10 days after the day on which the client relocates to Utah, the individual provides written notice to the division of the individual’s intent to provide short term transitional mental health therapy remotely to the client; and
  • the individual does not engage in unlawful conduct or unprofessional conduct.

SOURCE: UT Code, 58-61-307(k) (Accessed Jun. 2024).

An individual with a temporary license issued under this section is authorized to provide a telemedicine service if:

  • the telemedicine service is a service the individual is licensed to perform under the nonresident health care license of the state, district, or territory that issued the nonresident health care license;
  • at the time the telemedicine service is performed, the patient is located in Utah; and
  • performing the telemedicine service would not otherwise violate state law.

The division shall issue a temporary license described in Subsection (2) to an individual who has a nonresident health care license in good standing if:

  • the individual has completed an application for a license by endorsement in accordance with Section 58-1-302; and
  • the division determines that they will not be able to process the application within 15 days from the day on which the application is submitted.

The division may not charge a fee for a temporary license issued under this section beyond the fee required for a license issued under Section 58-1-302.

SOURCE:  UT Code 58-1-302.1, (Accessed Jun. 2024).

In addition to the exemptions from licensure in Section 58-1-307, the following may engage in acts included within the definition of practice as a mental health therapist, subject to the stated circumstances and limitations, without being licensed under this chapter: …

  • an individual who is licensed, in good standing, to practice mental health therapy or substance use disorder counseling in a state or territory of the United States outside of Utah may provide short term transitional mental health therapy remotely or short term transitional substance use disorder counseling remotely to a client in Utah if:
    • the individual is present in the state or territory where the individual is licensed to practice mental health therapy or substance use disorder counseling;
    • the client relocates to Utah;
    • the client is a client of the individual immediately before the client relocates to Utah;
    • the individual provides the short term transitional mental health therapy or short term transitional substance use disorder counseling remotely to the client only during the 90 day period beginning on the day on which the client relocates to Utah;
    • within one day after the day on which the individual first provides mental health therapy or substance use disorder counseling remotely to the client in Utah the individual provides written notice to the division of the individual’s intent to provide short term transitional mental health therapy or short term transitional substance use disorder counseling remotely to the client; and
    • the individual does not engage in unlawful conduct or unprofessional conduct.

Except as otherwise provided in an interstate compact enacted under this title, an individual who is licensed, in good standing, to practice mental health therapy or substance use disorder counseling in a state or territory of the United States outside of Utah, and who provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah:

  • may not prescribe a prescription drug for a client in Utah unless the individual is licensed in Utah to prescribe the prescription drug;
  • shall, before providing mental health therapy remotely or substance use disorder counseling remotely to a client in Utah, be aware of:
    • how to access emergency services and resources in Utah; and
    • all applicable laws and rules regarding the required or permitted reporting or disclosing of confidential client communications;
  • shall, within one day after the day on which the individual first provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah, submit to the division a signed notice, in the form required by the division, notifying the division that the individual is providing therapy or counseling under the exemption in this Subsection (3); and
  • shall obtain a Utah license:
    • within nine months after the day on which the individual first provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah; or
    • if at any time the individual provides mental health therapy remotely or substance use disorder counseling remotely to more than one client in Utah.

The division shall report to the Health and Human Services Interim Committee at or before the committee’s October 2026 meeting regarding the exemption described in Subsection (3), including information about any complaints the division has received concerning individuals who have provided therapy or counseling under that exemption.

SOURCE: UT Code Sec. 58-60-107, (Accessed Jun. 2024).

READ LESS

Vermont

Last updated 07/02/2024

Interim Telehealth Registration

An Interim Telehealth Registration authorizes a healthcare …

Interim Telehealth Registration

An Interim Telehealth Registration authorizes a healthcare professional, who is licensed in good standing in another state, to provide licensed services via telehealth to patients or clients located in Vermont after registering with the Vermont Office of Professional Regulation.

A healthcare professional who does not hold an active, conventional Vermont license and who is providing healthcare 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. Healthcare providers holding only an Interim Telehealth Registration may not provide in-person services to patients or clients located in Vermont.

Please note that healthcare professionals who hold an active, conventional Vermont license do not need to obtain an Interim Telehealth Registration to practice telehealth in Vermont.

Per Act 4 (2023), the Interim Telehealth Registration will remain available until the permanent Telehealth Registration and Licensure Rules are in effect and operational. All Interim Telehealth Registration holders will receive notice to the email on file when this occurs and will have at least 90 days after the effective date of the Telehealth Licensure and Registration Rules to transition.

Telehealth Registration and Telehealth License (Not in effect until rules are in place)

A healthcare professional, who is licensed in good standing in another state and wishes to provide healthcare in Vermont via telehealth will be required to obtain a Telehealth Registration or Telehealth License.

The Telehealth Registration and Telehealth Licensure options will be effective upon the adoption of the Rules. Please check back for updates.

Telehealth Registration

A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont may obtain a Telehealth Registration to provide health care services in Vermont via telehealth to a total of not more than 10 unique (0-10) patients or clients for a period of not more than 120 consecutive days from the date the Telehealth Registration was issued.

A health care professional may only reactivate a Telehealth Registration once every three years. The Telehealth Registration cannot be renewed or reactivated upon expiration. A health care professional who exceeds the 120-day or 10-patient or client limit must either apply for a Telehealth License or a full license to practice in Vermont. Health care professionals who hold a Telehealth Registration may not provide in-person care in Vermont.

Telehealth License

A health care professional who is not otherwise licensed, certified, or registered to practice in Vermont may obtain a Telehealth License to provide healthcare services in Vermont via telehealth to a total of not more than 20 (0-20) unique patients or clients located in Vermont during the two-year license term.

A health care professional who wishes to provide telehealth services for more than a total of 20 unique patients or clients must apply for a full license to practice in Vermont. A health care professional may renew a Telehealth License every two years. Health care professionals who hold a Telehealth License may not provide in-person care in Vermont.

See webpage for list of healthcare professions eligible to practice telehealth in Vermont.

I am providing telehealth services to a client/patient located in Vermont. If I travel to Vermont, or locate permanently to Vermont, can I still use my out-of-state license or do I need to now hold a full Vermont license?

Once you physically enter Vermont’s boarders, you need to get an in-state license to provide services in-person. If you relocate to Vermont and remain licensed in the other state, in good standing, they may continue to provide care to the patient by telehealth means only.

SOURCE: Agency of Human Services, Department of Vermont Health Access, Telehealth Registrations and Licenses (Accessed Jul. 2024).

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 statute 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 Statutes Annotated, Title 26, Ch. 56, Sec. 3053; 3054; and 3059 (Accessed Jul. 2024).

Health Care Provider Compacts: Direction to VT Representatives

The General Assembly finds that a state’s prohibition of or limitation on the provision of gender-affirming health care services or reproductive health care services, or both, as defined by 1 V.S.A. § 150, prohibits health care providers from following health care best practices and is a failure on the part of the state to provide health care services that are medically necessary and clinically appropriate for its residents. Therefore, it is the General Assembly’s intent to protect the ability of professionals licensed, certified, or registered in Vermont, and professionals from other member states seeking to practice a profession in Vermont pursuant to an interstate compact or agreement, to have the benefit of compacts and agreements while at the same time engaging in, providing, or otherwise facilitating, personally or professionally, gender-affirming health care and reproductive health care services.

Vermont’s representative or delegate for an interstate compact or agreement related to health care shall seek an amendment or exception to the language, rules, directives, or bylaws of the compact or agreement, as necessary, so that if a licensee is disciplined by another state solely for providing or assisting in the provision of gender-affirming health care services or reproductive health care services that would be legal and meet professional standards of care if provided in Vermont, the compact or agreement does not require that Vermont take professional disciplinary action against the licensee.

SOURCE: VT Statute Annotated Title 26, Ch. 56, Sec. 3071, (Accessed Jul. 2024).

READ LESS

Virgin Islands

Last updated 03/25/2024

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 may establish regulations for telemedicine licensure as follows:

The Board of Medical Examiners shall issue a telemedicine license to authorize certain physicians, who hold a full and unrestricted license to practice medicine in another state or territory of the United States, to provide telemedicine services in the Virgin Islands. Telemedicine licenses shall be without private practice rights and without subversion of reciprocity. Any healthcare professional licensed in the Virgin Islands may practice telemedicine without restriction.

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 Title 27, § 45d (2019). (Accessed Mar. 2024).

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 Title 27, § 45c (2019). (Accessed Mar. 2024).

READ LESS

Virginia

Last updated 04/22/2024

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 Apr. 2024).

The provisions of this chapter shall not prevent or prohibit: …

Any doctor of medicine or osteopathy, physician assistant, or advanced practice registered nurse who would otherwise be subject to licensure by the Board who holds an active, unrestricted license in another state, the District of Columbia, or a United States territory or possession and who is in good standing with the applicable regulatory agency in that state, the District of Columbia, or that United States territory or possession who provides behavioral health services, as defined in § 37.2-100, from engaging in the practice of his profession and providing behavioral health services to a patient located in the Commonwealth in accordance with the standard of care 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 practitioner has previously established a practitioner-patient relationship with the patient and has performed an in-person evaluation of the patient within the previous year. A practitioner who provides behavioral health services to a patient located in the Commonwealth through use of telemedicine services pursuant to this subdivision may provide such services for a period of no more than one year from the date on which the practitioner began providing such services to such patient.

Any doctor of medicine or osteopathy, physician assistant, respiratory therapist, occupational therapist, or advanced practice registered nurse who would otherwise be subject to licensure by the Board who holds an active, unrestricted license 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 purposes of this subdivision, if such practitioner with whom the patient has previously established a practitioner-patient relationship is unavailable at the time in which the patient seeks continuity of care, another practitioner of the same subspecialty at the same practice group with access to the patient’s treatment history may provide continuity of care using telemedicine services until the practitioner with whom the patient has a previously established practitioner-patient relationship becomes available. For the purposes of this subdivision, “practitioner of the same subspecialty” means a practitioner who utilizes the same subspecialty taxonomy code designation for claims processing.

SOURCE: VA Code 54.1-2901, (Accessed Apr. 2024).

Expedited licensure pathways exist for certain out-of-state physicians. See VA Department of Health Professions website and Instructions for Completing an Application for Licensure by Reciprocity for more details.

SOURCE: VA Instructions for Completing an Application for Licensure by Reciprocity, (Accessed Apr. 2024).

Any person who is licensed to practice as a clinical social worker in another state, the District of Columbia, or a United States territory or possession and who is in good standing with the applicable regulatory agency in that state, the District of Columbia, or that United States territory or possession who provides behavioral health services, as defined in § 37.2-100, to 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 clinical social worker has previously established a practitioner-patient relationship with the patient. A person who is licensed to practice as clinical social worker who provides behavioral health services to a patient located in the Commonwealth through use of telemedicine services pursuant to this subdivision may provide such services for a period of no more than one year from the date on which the clinical social worker began providing such services to such patient.

SOURCE: VA Code 54.1-3701, (Accessed Apr. 2024).

READ LESS

Washington

Last updated 06/20/2024

The legislature created a specific exemption to the licensure requirement …

The legislature created a specific exemption to the licensure requirement for telemedicine practitioner-to-practitioner consultations. The consultation exemption permits a practitioner licensed in another state in which the practitioner resides to use telemedicine or other means to consult with a Washington licensed practitioner who remains responsible for diagnosing and treating the patient in Washington. The law does not require real time communication between practitioners.

Additionally, the WMC does not require a license when a patient seeks a second opinion or a consultation with a specialist out of state, such as a cancer center, and sends medical records to the specialist to review and provide input on treatment. In this case, the specialist in the distant state does not need a license to practice medicine in Washington to review the records and provide an opinion, but not treatment, regarding the patient’s care.

Another common situation that is not specifically addressed by a statutory exemption is when a patient with an established relationship with a practitioner licensed in another state crosses the border into Washington and requires medical care. In some cases, permitting the physician in the patient’s home state to provide temporary continuous care is in the patient’s best interest. So long as the out-of-state practitioner provides temporary continuity of care to the patient, the practitioner would not require a Washington license.

SOURCE: WA Medical Commission Updated Telemedicine Policy (July 2022). (Accessed Jun. 2024).

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 Jun. 2024).

Uniform Telehealth Act – Effective June 6, 2024

A health care practitioner may provide telehealth services to a patient located in this state if the services are consistent with the health care practitioner’s scope of practice in this state, applicable professional practice standards in this state, and requirements and limitations of federal law and law of this state.

This chapter does not authorize provision of health care otherwise regulated by federal law or law of this state, unless the provision of health care complies with the requirements, limitations, and prohibitions of the federal law or law of this state.

A practitioner-patient relationship may be established through telehealth. A practitioner-patient relationship may not be established through email, instant messaging, text messaging, or fax.

A health care practitioner who provides telehealth services to a patient located in this state shall provide the services in compliance with the professional practice standards applicable to a health care practitioner who provides comparable in-person health care in this state. Professional practice standards and law applicable to the provision of health care in this state, including standards and law relating to prescribing medication or treatment, identity verification, documentation, informed consent, confidentiality, privacy, and security, apply to the provision of telehealth services in this state.

A disciplining authority in this state shall not adopt or enforce a rule that establishes a different professional practice standard for telehealth services merely because the services are provided through telehealth or limits the telecommunication technology that may be used for telehealth services.

An out-of-state health care practitioner may provide telehealth services to a patient located in this state if the out-of-state health care practitioner:

  1. Holds a current license or certification required to provide health care in this state or is otherwise authorized to provide health care in this state, including through a multistate compact of which this state is a member; or
  2. Holds a license or certification in good standing in another state and provides the telehealth services:
    1. In the form of a consultation with a health care practitioner who has a practitioner-patient relationship with the patient and who remains responsible for diagnosing and treating the patient in the state
    2. In the form of a specialty assessment, diagnosis, or recommendation for treatment. This does not include the provision of treatment; or
    3. In the form of follow up by a primary care practitioner, mental health practitioner, or recognized clinical specialist to maintain continuity of care with an established patient who is temporarily located in this state and received treatment in the state where the practitioner is located and licensed.

The provision of a telehealth service under this chapter occurs at the patient’s location at the time the service is provided. In a civil action arising out of a health care practitioner’s provision of a telehealth service to a patient under this chapter, brought by the patient or the patient’s personal representative, conservator, guardian, or a person entitled to bring a claim under the state’s wrongful death statute, venue is proper in the patient’s county of residence in this state or in another county authorized by law.

Disciplining  authorities may adopt rules to administer, enforce, implement, or interpret this chapter. In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among jurisdictions that enact the uniform telehealth act.

Nothing in this act shall be construed to require a health carrier as defined in RCW 48.43.005, a health plan offered under chapter 41.05 RCW, or medical assistance offered under chapter 74.09 RCW to reimburse for telehealth services that do not meet statutory requirements for reimbursement of telemedicine services.

This chapter does not permit a health care practitioner to bill a patient directly for a telehealth service that is not a permissible telemedicine service under chapter 48.43, 41.05, or 74.09 7 RCW without receiving patient consent to be billed prior to providing the telehealth service.

SOURCE: RCW New Chapter under Title 18, as added by SB 5481 (2024 Legislative Session). (Accessed Jun. 2024).

READ LESS

West Virginia

Last updated 05/18/2024

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.

If West Virginia requires an occupational license to lawfully work in a profession, and another state does not issue an occupational license for the same profession and instead issues another authorization to practice, West Virginia shall issue an occupational license to the person if the person otherwise satisfies subsection (a) of this section.

SOURCE: WV Code Sec. 21-17-3. (Accessed May 2024).

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 May 2024).

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 May 2024).

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. (Accessed May 2024).

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 May 2024).

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 May 2024).

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 May 2024).

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 May 2024).

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 May 2024).

Final Rule (Effective until August 1, 2033) – 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 May 2024).

Emergency Rule (Effective until August 1st, 2029) – 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, for no more than 30 nonconsecutive days within a six month period, if holding an interstate telehealth registration issued by the Board. An interstate telehealth registration does not authorize a LPC or LMFT to practice from a physical location or distant site within this state or to establish a new client relationship. See regulation for additional requirements.

SOURCE: WV Admin Law 27-14-3. (Accessed May 2024).

Final Rule (Effective until August 1, 2028) – Optometrists

To provide optometric 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 using the application materials provided by the Board and paying fees equal to the initial in-state optometry license application and annual licensing fees. By registering to provide interstate telehealth services to patients in this state, a registrant is subject to all laws, rules, and regulations regarding the practice of optometry in this state, including the state judicial system and all professional conduct rules and standards incorporated into the Optometry Practice Act, W. Va. Code, §30-8-1, et. seq., and all legislative rules and jurisdiction of the West Virginia Board of Optometry including the Board’s complaint, investigation, and hearing process. See regulation for additional requirements.

SOURCE: WV Admin Law 14-12-3,4. (Accessed May 2024).

Final Rule (Effective until August 1, 2029) – Dietitians

 The practice of medical nutrition therapy or nutrition therapy occurs where the client is physically located at the time the telehealth technologies are used.

A licensed dietitian who practices telehealth must be licensed as provided in this article.

Medical nutrition therapy or nutrition therapy services must be provided by a licensed dietitian who possess a current valid, active license and is in good standing in West Virginia and in all states in which they are licensed and are not currently under investigation or subject to an administrative complaint.

Telehealth services may only be used to provide medical nutrition therapy or nutrition therapy services to a patient or client who is physically located at an originating site in West Virginia other than the site where the licensed dietitian is located, whether or not in West Virginia.

SOURCE: WV Rule 31-7-3, 5. (Accessed May 2024).

READ LESS

Wisconsin

Last updated 04/19/2024

WI medical license required.

SOURCE: WI Admin. Code Med Ch.

WI medical license required.

SOURCE: WI Admin. Code Med Ch. 24.04 (Accessed Apr. 2024).

A psychologist who uses a telehealth visit to provide psychological services to a patient located in this state shall either be licensed as a psychologist by the board, or shall meet the requirements to exercise the authority to practice interjurisdictional telepsychology under s. 455.50 (4), Stats.

SOURCE: WI Admin Code Ch. 5.02, (Accessed Apr. 2024).

READ LESS

Wyoming

Last updated 05/13/2024

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.

Consultants. 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.

Continuation of care received outside Wyoming.  A physician or physician assistant who has established a provider-patient relationship in another state with a patient who is a resident of Wyoming may provide continued care to the patient via telehealth without a Wyoming physician or physician assistant license subject to the following:

  • The provider-patient relationship must have been established in an in-person encounter in a state in which the physician or physician assistant is licensed;
  • Subsequent care may be provided to the patient via telehealth while the patient is in Wyoming if the care is a logical and expected continuation of the care provided in an in-person encounter in the state where the physician or physician assistant is licensed.  If the patient is presenting with new medical conditions, or conditions that the standard of care dictates an in-person encounter is needed, patient must either return to the state in which the physician or physician assistant is licensed for care, or must be referred to a Wyoming-licensed health care provider.
  • The telehealth care may continue for up to six (6) months after the establishment of the provider-patient relationship in another state, after which an in-person encounter must take place in a jurisdiction where the physician or physician assistant is licensed before the telehealth may resume for another six (6) months.

SOURCE: WY Rules and Regulations, Board of Medicine, Agency 52, Ch. 1, Sec. 4 & 7, & Emergency Rule Notice Text, (Accessed May 2024).

Occupational Therapy

In order to provide occupational therapy services via telehealth to a client in Wyoming, an OT or OTA must hold a current Wyoming license.

SOURCE: WY Rules and Regulations, Agency 83, Ch. 3, Sec. 4, (Accessed May 2024).

READ LESS

Professional Requirements

Cross-State Licensing

jump to: