Professional Requirements

Professional Boards Standards

There has been a slow but steady movement in professional regulation over telehealth in the past few years. Many states that had been silent previously in regards to whether or not a telehealth interaction could establish a provider-patient relationship are clarifying either in law or Board Regulation the circumstances under which telehealth can be used to establish a provider-patient relationship, and the parameters and requirements for doing so.  Often this includes requirements around licensure, informed consent and prescribing.

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Disclaimer

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

Federal

Last updated 02/26/2023

No reference found.

No reference found.

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Alabama

Last updated 02/06/2023

AL Board of Optometrists

SOURCE: AL Admin Code 630-X-13-.02. (Accessed

AL Board of Optometrists

SOURCE: AL Admin Code 630-X-13-.02. (Accessed Feb. 2023).

AL Board of Nursing

SOURCE: AL Admin Code 610-X-6-.16, (Accessed Feb. 2023).

AL Board of Social Work

SOURCE: AL Admin Code 850-x-2-.04. (Accessed Feb. 2023).

AL Board of Speech-Language Pathology and Audiology

SOURCE: AL Admin Code 870-X-7-.01-05 (Accessed Feb. 2023).

Alabama Board of Medical Examiners and Medical Licensure Commission – Telemedicine

A physician has the same duty to exercise reasonable care, diligence, and skill whether providing services in-person or via telehealth.  See webpage for details.

If a physician or practice group provides telehealth services more than four times in a 12-month period to the same patient for the same medical condition without resolution, the physician shall either:

  • See the patient in person within a reasonable amount of time, which shall not exceed 12 months; or
  • Appropriately refer the patient to a physician who can provide the in-person care within a reasonable amount of time, which shall not exceed 12 months.

The provision of telehealth services that includes video communication to a patient at an originating site with the in-person assistance of a licensed physician, physician assistant, certified registered nurse practitioner, certified nurse midwife, or other person licensed by the Alabama Board of Nursing shall constitute an in-person visit for this purpose.

This requirement does not apply to the provision of mental health services as defined in state law (Ala. Code § 22-50-1).

SOURCE: Alabama Board of Medical Examiners & Medical Licensure Commission, Telemedicine (Accessed Feb. 2023).

A physician providing telehealth medical services shall owe to the patient the same duty to exercise reasonable care, diligence, and skill as would be applicable if the service or procedure were provided in person. Telehealth medical services shall be governed by the Medical Liability Act of 1987, codified in Sections 6-5-540 through 6-5-552, and shall be subject to the exclusive jurisdiction and venue of the circuit courts of the State of Alabama, regardless of the citizenship of the parties.

See statute for list of requirements for physicians practicing telemedicine.

The Board of Medical Examiners and the Medical Licensure Commission may adopt rules regulating the provision of telehealth medical services by physicians in this state, even if the rules displace competition.

Rules adopted by the Board of Medical Examiners and the Medical Licensure Commission shall promote quality care, prevent fraud, waste, and abuse, and ensure that physicians provide adequate supervision of health professionals who aid in providing telehealth medical services.

Other than as set forth in this article, the authority of the Board of Medical Examiners and the Medical Licensure Commission to regulate physicians providing telehealth medical services shall be the same as the authority of the Board of Medical Examiners and the Medical Licensure Commission to regulate physicians providing services in person.

SOURCE: AL Code Sec. 34-24-703 & 705 & Senate Bill 272 (2022 Session), (Accessed Feb. 2023).

Optometry

Written policies and procedures shall be maintained when using electronic mail for provider-patient communications. A provider who uses telemedicine in his or her practice shall adopt protocols to prevent fraud and abuse through the use of telemedicine.  See code for requirements.

SOURCE: Sec. 34-22-82 & 83, (Accessed Feb. 2023).

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Alaska

Last updated 02/10/2023

Arizona

Last updated 01/03/2023

Board of Psychologist Examiners

SOURCE: AZ Reg. Sec. R4-26-109. (Accessed

Board of Psychologist Examiners

SOURCE: AZ Reg. Sec. R4-26-109. (Accessed Jan. 2023).

Board of Behavioral Health Examiners

SOURCE: AZ Reg. Sec. R4-6-1106. (Accessed Jan. 2023).

Consistent with the best practice guidelines adopted by the telehealth advisory committee on telehealth best practices established by section 36-3607, a health care provider shall make a good faith effort in determining both of the following:

Whether a health care service should be provided through telehealth instead of in person. The health care provider shall use the health care provider’s clinical judgment in considering whether the nature of the services necessitates physical interventions and close observation and the circumstances of the patient, including diagnosis, symptoms, history, age, physical location and access to telehealth.

The communication medium of telehealth and, whenever reasonably practicable, the telehealth communication medium that allows the health care provider to most effectively assess, diagnose and treat the patient. Factors the health care provider may consider in determining the communication medium include the patient’s lack of access to or inability to use technology or limits in telecommunication infrastructure necessary to support interactive telehealth encounters.

SOURCE: Arizona Revised Statute 36-3605, (Accessed Jan. 2023).

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Arkansas

Last updated 01/02/2023

For all medical professionals, see the ‘Appropriate Use of Telemedicine’ …

California

Last updated 02/25/2023

CA Board of Occupational Therapy

SOURCE: Title 16, Div. 39,

CA Board of Occupational Therapy

SOURCE: Title 16, Div. 39, Sec. 4172 (Accessed Feb. 2023).

CA Board of Behavioral Sciences

SOURCE: Title 16, Div. 18, Art. 1, Sec. 1815.5 (Accessed Feb. 2023).

CA Medical Board

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 Feb. 2023).

CA Board of Psychology

SOURCE: Title 16, Div. 13.1, Art. 8, Sec. 1396.8 (Accessed Feb. 2023)

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Colorado

Last updated 01/11/2023

Colorado Medical Board

Evaluation and Treatment of the Patient: An …

Colorado Medical Board

Evaluation and Treatment of the Patient: An appropriate medical evaluation and review of relevant clinical history, commensurate with the presentation of the patient to establish diagnoses and identify underlying conditions and/or contra-indications to the treatment recommended/provided, should be performed prior to providing treatment, including issuing prescriptions, electronically or otherwise. Treatment and consultation recommendations made in an online setting, including issuing a prescription via electronic means, will be held to the same standards of appropriate practice as those in traditional (encounter in person) settings. Treatment, including issuing a prescription based solely on an online questionnaire, does not constitute an acceptable standard of care.

Continuity of Care: Physicians should adhere to generally accepted standards of medical practice as it relates to continuity and coordination of care.

Referrals for Emergency Services: An emergency plan should be provided by the provider to the patient when the care provided using telehealth technologies indicates that a referral to an acute care facility or Emergency Department for treatment is necessary for the safety of the patient.

Medical Records: The medical record should include, if applicable, copies of all patient-related electronic communications, including patient-provider communication, prescriptions, laboratory and test results, evaluations and consultations, records of past care, and instructions obtained or produced in connection with the utilization of telehealth technologies. Informed consents obtained in connection with an encounter involving telehealth technologies should also be filed in the medical record. The patient record established during the use of telehealth technologies must be accessible and documented for both the provider and the patient, consistent with all established laws and regulations governing patient healthcare records.

Privacy and Security of Patient Records & Exchange of Information: Providers should meet or exceed applicable federal and state legal requirements of medical/health information privacy, including compliance with the Health Insurance Portability and Accountability Act (HIPAA) and state privacy, confidentiality, security, and medical record retention rules. Written policies and procedures should be maintained at the same standard as traditional in person encounters for documentation, maintenance, and transmission of the records of the encounter using telehealth technologies.

Parity of Professional and Ethical Standards: A provider’s professional discretion as to the diagnoses, scope of care, or treatment should not be limited or influenced by non-clinical considerations of telehealth technologies, and provider remuneration or treatment recommendations should not be materially based on the delivery of patient-desired outcomes (i.e. a prescription or referral) or the utilization of telehealth technologies.

Exemptions from Policy 40-27 Guidelines for the Appropriate Use of Telehealth Technologies in the Practice of Medicine: The Colorado Medical Board recognizes the challenges during a public health emergency. The Food and Drug Administration (“FDA”) guidelines for testing in times of a public health emergency shall guide Colorado policy for the purposes of Policy 40-27: Guidelines for the Appropriate Use of Telehealth Technologies in the Practice of Medicine.

SOURCE: The Colorado Medical Board Policies, 40-27, page 101-103. Guidelines for the Appropriate Use of Telehealth Technologies in the Practice of Medicine. 8/19/21. (Accessed Jan. 2023).

Colorado Mental Health Boards Teletherapy Policy

Evaluation and Treatment of the Patient: An appropriate mental health evaluation and review of relevant clinical history, commensurate with the presentation of the patient to establish diagnoses and identify underlying conditions, should be performed prior to providing treatment. Treatment and consultation recommendations made in an online setting will be held to the same standards of appropriate practice as those in traditional (encounter in person) settings.

Mandatory Disclosure Statement: Appropriate mandatory disclosure statement should be obtained for a teletherapy encounter including those elements required by law and generally accepted standards of practice.

Continuity of Care: Licensees, certificate holders, and registrants should adhere to generally accepted standards of mental health practice as it relates to continuity and coordination of care.

Referrals for Emergency Services: An emergency plan should be provided by the provider to the patient when the care provided using teletherapy technologies indicates that a referral to an Emergency Department for treatment is necessary for the safety of the patient.

Mental Health Records: The mental health record should include, if applicable, copies of all patient-related electronic communications, including patient-provider communication, evaluations and consultations, records of past care, and instructions obtained or produced in connection with the utilization of teletherapy technologies. Mandatory disclosure statements obtained in connection with an encounter involving teletherapy technologies should also be filed in the mental health record. The patient record established during the use of teletherapy technologies must be accessible and documented for both the provider and the patient, consistent with all established laws and regulations governing patient healthcare records.

Privacy and Security of Patient Records & Exchange of Information: Providers should meet or exceed applicable federal and state legal requirements of mental health information privacy, including compliance with the Health Insurance Portability and Accountability Act (HIPAA) and state privacy, confidentiality, security, and medical record retention rules. Written policies and procedures should be maintained at the same standard as traditional in-person encounters for documentation, maintenance, and transmission of the records of the encounter using teletherapy technologies.

Disclosures and Functionality for Providing Online Services: Disclosures and advertising should be made in accordance with state and federal law. Parity of Professional and Ethical Standards. There should be parity of ethical and professional standards applied to all aspects of a provider’s practice. A provider’s professional discretion as to the diagnoses, scope of care, or treatment should not be limited or influenced by non-clinical considerations of teletherapy technologies, and provider remuneration or treatment recommendations should not be materially based on the delivery of patient-desired outcomes or the utilization of teletherapy technologies.

Policy

When listed, certified, registered, or licensed and treating clients within the State of Colorado, it is at the discretion of the licensee, certificate holder, or registrant as to the type of modality of treatment format that is appropriate for the client. Regardless of the modality chosen, the licensee, certificate holder, or registrant must comply with all provisions as outlined in the Mental Health Practice Act, Title 12 Article 43.

Once a licensee, certificate holder, or registrant chooses to provide psychotherapy via electronic means, the licensee, certificate holder, or registrant is expected to carefully identify and address issues that involve:

  1. The agreed upon therapeutic means of communication between the client and the licensee, certificate, or registrant. (i.e. if/when will face-to-face contact be appropriate, what method(s) of electronic communication will be utilized, what is
    the structure of the contractual relationship);
  2. Implementing consent form(s) and proper disclosure(s) including, but not limited to the client’s knowledge regarding security issues, confidentiality, structure, etc.;
  3. Ensuring that the therapeutic means of communication includes confidentiality and computer/cyber security;
  4. Determining the basis and ability for the licensee, certificate holder, or registrant to support the rationale for the decision to choose a particular therapeutic method;
  5. Ensuring that the licensee, certificate holder, or registrant is practicing within his/her scope of practice;
  6. Ensuring that the therapeutic means of communication that is chosen does not cause any potential harm to the client.

The licensee, certificate holder, or registrant may encounter specific challenges while providing psychotherapy through electronic means. The licensee, certificate holder, or registrant must realize that these challenges may include, but are not limited to:

  1. Verifying the identity of the client and determining if they are a minor;
  2. Providing the client with procedures for alternative modes of communication when there is possible technology failure;
  3. Assessing how to cope with potential misunderstandings when the visual cues that would normally occur during face-to-face visits do not exist;
  4. Assessing how to address crisis intervention when necessary;
  5. Ensuring that clients are knowledgeable with regard to encryption methods, firewall, and backup systems to help secure communication and educate clients on the risk of unsecured communications;
  6. Establishing a means to retain and preserve data;
  7. Upon request, have the ability to capture and provide client treatment notes, summaries or other information that is received via the electronic technology;
  8. Disclosing that health insurance coverage may not exist for psychotherapy service that is provided through technological means.

Disclaimer: This policy applies only to mental health professionals who are certified, registered, or licensed, and treating clients within the State of Colorado.

SOURCE: State Board of Psychologist Examiners Policies, 30-1, page 10-12. Teletherapy Policy – Guidance regarding Psychotherapy through Electronic Means. 2/2/18. (Accessed Jan. 2023).

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Connecticut

Last updated 02/16/2023

No Reference Found

No Reference Found

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Delaware

Last updated 02/20/2023

Health-care providers licensed by the following professional boards are authorized …

Health-care providers licensed by the following professional boards are authorized to deliver health-care services by telehealth and telemedicine:

  • The Board of Podiatry created pursuant to Chapter 5 of this title.
  • The Board of Chiropractic created pursuant to Chapter 7 of this title.
  • The Board of Medical Practice created pursuant Chapter 17 of this title.
  • The State Board of Dentistry and Dental Hygiene created pursuant to Chapter 11 of this title.
  • The Delaware Board of Nursing created pursuant to Chapter 19 of this title.
  • The Board of Occupational Therapy Practice created pursuant to Chapter 20 of this title.
  • The Board of Examiners in Optometry created pursuant to Chapter 21 of this title.
  • The Board of Pharmacy created pursuant to Chapter 25 of this title.
  • The Board of Mental Health and Chemical Dependency Professionals created pursuant to Chapter 30 of this title.
  • The Board of Examiners of Psychologists created pursuant to Chapter 35 of this title.
  • The State Board of Dietetics/Nutrition created pursuant to Chapter 38 of this title.
  • The Board of Social Work Examiners created pursuant to Chapter 39 of this title.

A professional board may promulgate or revise regulations and establish or revise rules applicable to health-care providers under the professional Board’s jurisdiction in order to facilitate the provision of telehealth and telemedicine services.

Practice requirements:

A health-care provider using telemedicine and telehealth technologies to deliver health-care services to a patient must, prior to diagnosis and treatment, do at least one of the following:

  • Provide an appropriate examination in-person.
  • Require another Delaware-licensed health-care provider be present at the originating site with the patient at the time of the diagnosis.
  • Make a diagnosis using audio or visual communication.
  • Meet the standard of service required by applicable professional societies in guidelines developed for establishing a health-care provider-patient relationship as part of an evidenced-based clinical practice in telemedicine.

After a health-care provider-patient relationship is properly established in accordance with this section, subsequent treatment of the same patient by the same health-care provider need not satisfy the limitations of this section.

A health-care provider treating a patient through telemedicine and telehealth must maintain complete records of the patient’s care and follow all applicable state and federal statutes and regulations for recordkeeping, confidentiality, and disclosure to the patient.

Telehealth and telemedicine services shall include, if required by the applicable professional board listed, use of the Delaware Health Information Network (DHIN) in connection with the practice.

Nothing in this section shall be construed to limit the practice of radiology or pathology.

SOURCE: DE Statute Title 24, Chap. 60, Sec. 6002 & 6004. (Accessed Feb. 2023)

Physical Therapists and Athletic Trainers

SOURCE: DE Statute Title 24, Chapter 26, Sec. 2602. (Accessed Feb. 2023).

Board of Clinical Social Work Examiners

SOURCE: 24 DE Statute Title 24, Chapter 39, 3920. (Accessed Feb. 2023).

Board of Dentistry and Dental Hygiene

SOURCE: 24 DAC 1100 (Accessed Feb. 2023).

Pharmacy

SOURCE: 24 DAC 2500 (Accessed Feb. 2023).

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District of Columbia

Last updated 02/12/2023

Board of Medicine

SOURCE: DCMR Title 17, Ch. 46 Sec.

Florida

Last updated 01/26/2023

Health Professional Telehealth Practice Standards and Related Requirements

SOURCE: FL

Health Professional Telehealth Practice Standards and Related Requirements

SOURCE: FL Statute 456.47. (Accessed Jan. 2023).

Florida Department of Health Telehealth Frequently Asked Questions

SOURCE: FL Department of Health. Telehealth FAQs. (Accessed Jan. 2023).

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Georgia

Last updated 01/25/2023

GA Composite Medical Board

SOURCE:  GA Rules & Regulations Sec.

GA Composite Medical Board

SOURCE:  GA Rules & Regulations Sec. 360-3-.07 (Accessed Jan. 2023).

GA Composite Medical Board – Requirements for Telemedicine Licensure

SOURCE:  GA Rules & Regulations Sec. 360-2-.17 (Accessed Jan. 2023).

GA Board of Physical Therapy

SOURCE: GA Rules & Regulations Sec. 490-9-.06 (Accessed Jan. 2023).

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Hawaii

Last updated 01/28/2023

No Reference Found

No Reference Found

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Idaho

Last updated 02/22/2023

ID Board of Dentistry

SOURCE: IDAPA 24.31.01 (Accessed Feb. 2023).

ID Board of Dentistry

SOURCE: IDAPA 24.31.01 (Accessed Feb. 2023).

Any dentist who provides any telehealth services to patients located in Idaho must hold an active Idaho license.

SOURCE: IDAPA 24.31.01 as amended by Executive Order 2020-13, p. 163 (Accessed Feb. 2023)

ID Board of Psychologist Examiners (Telepsychology)

SOURCE: IDAPA 24.12.01 (Accessed Feb. 2023)

Idaho State Board Of Medicine

SOURCE: IDAPA -24.33.03, (Accessed Feb. 2023)

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Illinois

Last updated 02/12/2023

No Reference Found

No Reference Found

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Indiana

Last updated 02/27/2023

Medical Licensing Board

The board may adopt rules establishing guidelines …

Medical Licensing Board

The board may adopt rules establishing guidelines for the practice of telehealth in Indiana. Adoption of rules may not delay the implementation and provision of telehealth services by a provider under IC 25-1-9.5.

SOURCE: IN Code 25-22.5-2-7(c) (Accessed Feb. 2023)..

Ocular Telemedicine and Telehealth

The board may not establish standards concerning the practice of ocular telemedicine or ocular telehealth that are more restrictive than the standards that are set:

  • under this article; or
  • by rule and applicable to the practitioner’s in-person ocular practice.

SOURCE: IN Code 25-24-1-5.5, (Accessed Feb. 2023).

Telehealth Provider Certification for Out-of-State Practitioners

The Telehealth Certification for Out-of-State Practitioners is required by Indiana Code § 25-1-9.5-9. This certification is required to be completed by an Indiana-licensed practitioner who is physically located outside of Indiana and intends to establish a provider-patient relationship or issue a prescription for an individual located in in Indiana. The practitioner must file a copy of their individual certification and their employer’s or contractor’s certification with the Indiana Professional Licensing Agency. These certifications must be completed before the practitioner may establish a provider-patient relationship or issue a prescription for an individual who is located in Indiana.

SOURCE: Indiana Professional Licensing Agency, Telehealth Home. (Accessed Feb. 2023).

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Iowa

Last updated 01/10/2023

IA Board of Dentistry

SOURCE: IA Admin Code 650-27.12(153) (Accessed

IA Board of Dentistry

SOURCE: IA Admin Code 650-27.12(153) (Accessed Jan. 2023).

IA Board of Medicine

SOURCE: IA Admin Code Sec. 653.13.11 (Accessed Jan. 2023).

IA Board of Physical and Occupational Therapists

SOURCE: IA Admin Code Sec. 645-201.3 & 645-208.3. (Accessed Jan. 2023).

IA Board of Nursing

SOURCE: IA Admin Code Sec. 655-6.4(152), (Accessed Jan. 2023).

IA Board of Dietetics

SOURCE:  Iowa Administrative Code Section 645.81.17. (Accessed Jan. 2023)

Education Department Standards

SOURCE: IA Code 281.14.23, (Accessed Jan. 2023).

Board of Psychology

SOURCE: Iowa Admin Code, Sec. 645-243.7, (Accessed Jan. 2023).

Board of Physician Assistants

SOURCE: Iowa Admin Code, Sec. 645-327.9, (Accessed Jan. 2023).

Board of Speech Pathology and Audiology

SOURCE: Iowa Admin Code, Sec. 645-301.1, (Accessed Jan. 2023).

Hearing Aid Specialists

SOURCE: Iowa Admin Code, Sec. 645-123.5, (Accessed Jan. 2023).

Board of Nursing – APRN

SOURCE: IA Admin Code Sec. 655-7.9(152), (Accessed Jan. 2023).

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Kansas

Last updated 02/14/2023

Board of Healing Arts

SOURCE: KS Admin. Regulations Sec. 100-77-1

Kentucky

Last updated 02/18/2023

Speech Language Pathology and Audiology

SOURCE: Title 201, Ch. 17,

Speech Language Pathology and Audiology

SOURCE: Title 201, Ch. 17, Sec. 110. (Accessed Feb. 2023).

Board of Dentistry Examiners

SOURCE: Title 201, Ch. 8, Sec. 590. (Accessed Feb. 2023).

Physical Therapy

SOURCE: Title 201, Ch. 22, Sec. 160. (Accessed Feb. 2023).

Dietitians and Nutritionists

SOURCE: Title 201, Ch. 33, Sec. 070. (Accessed Feb. 2023).

Nursing Board

SOURCE: Title 201, Ch. 20, Sec. 520. (Accessed Feb. 2023).

Board of Psychology

SOURCE: Title 201, Ch. 26, Sec. 310. (Accessed Feb. 2023).

Occupational Therapy

SOURCE: Title 201, Ch. 28, Sec. 235. (Accessed Feb .2023).

Marriage and Family Therapists

SOURCE: Title 201, Ch. 32, Sec. 110. (Accessed Feb. 2023).

Board of Optometric Examiners

SOURCE: Title 201, Ch. 5, Sec. 055. (Accessed Feb. 2023).

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

  • Use terminology consistent with the glossary of telehealth terminology established by the cabinet pursuant to Section 2 of this Act; and
  • Comply with the minimum requirements established below.

State agencies shall not:

  • Require a provider to be physically present with the recipient, unless the state agency or provider determines that it is medically necessary to perform those services in person;
  • Require prior authorization, medical review, or administrative clearance for telehealth that would not be required if a service were provided in person;
  • Require a provider to be employed by another provider or agency in order to provide telehealth services that would not be required if that service were provided in person;
  • Require demonstration that it is necessary to provide services to a patient through telehealth;
  • Restrict or deny coverage of telehealth based solely on the communication technology or application used to deliver the telehealth services;
  • 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 an insurer or managed care organization from utilizing audits for medical coding accuracy in the review of telehealth services specific to audio-only encounters; or
  • Require a provider to be part of a telehealth network;
  • 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.

SOURCE: KY Revised Statute Sec. 211.336 (Accessed Feb. 2023).

See Medicaid definitions and Misc. section for regulation outlining requirements established by the Cabinet for Health and Family Services on health care providers performing a telehealth or digital health service, including definitions, and requirements related to confidentiality, patient privacy, consent, credentialing.

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Louisiana

Last updated 01/17/2023

Louisiana Medical Board

SOUCE: LA Admin. Code 46: XLV.75 p.

Louisiana Medical Board

SOUCE: LA Admin. Code 46: XLV.75 p. 225 (Accessed Jan. 2023).

Speech Language Pathology and Audiology

SOUCE: LA Admin. Code 46: LXXV. 135. p. 18 (Accessed Jan. 2023).

Licensed Professional Counselors

SOUCE: LA Admin. Code 46: LX.505., p. 6-7 (Accessed Jan. 2023).

Physical Therapy Board

SOUCE: LA Admin. Code 46: LIV.319. p. 24-25 (Accessed Jan. 2023).

Registered Dietitians/Nutritionists

SOUCE: LA Admin. Code 46: LXIX.101. p. 4-5 (Accessed Jan. 2023).

Board of Dentistry

SOURCE: LA Admin. Code LAC 46:XXXIII.203 p. 8 (Accessed Jan. 2023).

Board of Optometry

SOURCE: LA Admin Code LAC 46:LI.509, (Accessed Jan. 2023).

Hearing Aid Dealers – The Louisiana Board for Hearing Aid Dealers have the power to promulgate rules for the provision of telehealth services by licensed hearing aid dealers that, at a minimum, comply with the Louisiana Telehealth Access Act, R.S. 40:1223.1 et seq.

SOURCE: LA Revised Statute 37:2457(11) (Accessed Jan. 2023).

Each state agency or professional or occupational licensing board or commission that regulates the practice of a healthcare provider, as defined in this Part, may 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. However, any rules and regulations shall be consistent with and no more restrictive than the provisions contained in this Section.  See rule for requirements

SOURCE: LA Revised Statute Sec. 40:1223.4, (Accessed Jan. 2023).

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Maine

Last updated 01/04/2023

Board of Licensure in Medicine

SOURCE: ME Regulation Sec. 02-373-11

Board of Licensure in Medicine

SOURCE: ME Regulation Sec. 02-373-11 (Accessed Jan. 2023). 

Board of Osteopathic Licensure

SOURCE: ME Regulation 02-383-11 (Accessed Jan. 2023).

Office Based Treatment of Opioid Use Disorder

SOURCE: ME Regulation, 02, Ch. 12, Section 6, (Accessed Jan. 2023).

State Board of Nursing

SOURCE: ME Regulation, 02-380-11. (Accessed Jan. 2023).

Board of Dental Practice

SOURCE: ME Regulation, 02-313-15. (Accessed Jan. 2023).

Board of Social Worker Licensure

SOURCE: ME Regulation, 02-216-18. (Accessed Jan. 2023).

Legislation for multiple professions requires boards to adopt rules governing telehealth services by persons licensed under the profession.  The rules must establish standards of practice and appropriate restrictions for the various type and forms of telehealth services.  See statute for additional requirements.

SOURCE: ME Revised Statute Title 32, Ch. 2 Sec. 69, Ch. 9 Sec. 566, Ch. 22 Sec. 1533, Ch. 31 Sec. 2266, Ch. 32 Sec. 2276A, Ch. 34-A Sec. 2447, Sec. 2448, Ch. 36 Sec. 2600-AA, Ch. 45-A Sec. 3120, Ch. 48 Sec. 3300-AA, Ch. 51 Sec. 3661, Ch. 56 Sec. 3850-E, Ch. 71-A Sec. 4879, Ch. 81 Sec. 6231, Ch. 83 Sec. 7071, Ch. 97 Sec. 9714, Ch. 103 Sec. 9863, Ch. 104 Sec. 9916, Ch. 113-B Sec. 12611, Ch. 117 Sec. 13848, Ch. 119 Sec. 13868, Ch. 127 Sec. 14363, Ch. 137 Sec. 17401, (Accessed Jan. 2023).

Teledentistry 

An individual licensed under this chapter may provide oral health care services and procedures authorized under this chapter or by rule using teledentistry. The board shall adopt by rule guidelines and practice standards for the use of teledentistry, including, but not limited to, practice requirements for protecting patient rights and protocols for referrals, quality and safety, informed consent, patient evaluation, treatment parameters, patient records, prescribing, supervision and compliance with data exchange standards for the security and confidentiality of patient information.

SOURCE: ME Revised Statute Title 32, Sec. 18394, (Accessed Jan. 2023).

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Maryland

Last updated 05/24/2023

Board of Examiners for Audiologists, Hearing Aid Dispensers and Speech …

Board of Examiners for Audiologists, Hearing Aid Dispensers and Speech Language Pathologists

SOURCE: Code of Maryland Admin. Regs. Sec. 10.41.06. (Accessed May 2023).

Board of Physicians

SOURCE: Code of Maryland Admin. Regs. Sec. 10.32.05. (Accessed May 2023).

Board of Examiners of Psychologists

SOURCE: Code of Maryland Admin. Regs. Sec. 10.36.10.02. (Accessed May 2023).

Board of Nursing

SOURCE: Code of Maryland Admin. Regs. Sec. 10.27.17. (Accessed May 2023).

Board of Professional Counselors and Therapists

SOURCE: Code of Maryland Admin Regs, Sec. 10.58.06. (Accessed May 2023).

Board of Social Work

SOURCE: Code of Maryland Admin. Regs. Sec. 10.42.10. (Accessed May 2023).

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Massachusetts

Last updated 03/14/2023

Minnesota

Last updated 01/30/2023

No Reference Found

No Reference Found

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Mississippi

Last updated 03/04/2023

Board of Medicine

SOURCE: Title 30, Part 2635, Rule 5.

Board of Medicine

SOURCE: Title 30, Part 2635, Rule 5. (Accessed Mar. 2023).

Licensed Professional Counselors

SOURCE: Title 30, Part 2201, Rule 7.5, (Accessed Mar. 2023).

MS Department of Health: Occupational Therapy

SOURCE: Title 15, Part 19, Subpart 60, Rule 8.1.5 (Accessed Mar. 2023).

Board of Pharmacy – Telepharmacy

SOURCE: Title 30, Part 3001, Article XLVIII, (Accessed Mar. 2023)

Board of Examiners of Licensed Professional Counselors

SOURCE: Title 30, Part 2201, Ch. 1, Rule 7.5, (Accessed Mar. 2023)

Board of Optometry – Emergency Temporary Regulations

SOURCE: Title 30 Part 2901 Chapters 1-11.1, (Accessed Mar. 2023).

Health Facilities Licensure and Certification

See regulations for professional standards of operation relative to the practice of telemedicine under the MS State Department of Health, Health Facilities section.

SOURCE: MS Admin Code Title 15, Part 16, Subpart 1, Ch. 6 (Sec. 6.2.3-4), (Accessed Mar. 2023).

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Missouri

Last updated 03/08/2023

No Reference Found

No Reference Found

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Montana

Last updated 01/16/2023

Board of Medical Examiners

SOURCE: MT Admin Rules, Sec. 24.156.813,

Board of Medical Examiners

SOURCE: MT Admin Rules, Sec. 24.156.813, (Accessed Jan. 2023).

MT Board of Speech-Language Pathology

SOURCE: MT Admin Rules, Sec. 24.222.9 (Accessed Jan. 2023).

Board of Psychologists

SOURCE: MT Admin Rules Sec. 24.189.415, (Accessed Jan. 2023).

An audiologist, or speech-language pathologist, speech-language pathology assistant, or audiology assistant who is licensed under and meets the requirements of this chapter may engage in telepractice telehealth in Montana without obtaining a separate or additional license from the board.

SOURCE: MT Code Annotated, Sec. 37-15-314, (Accessed Jan. 2023).

A person licensed under this title to provide health care in the ordinary course of business or practice of a profession may provide services by means of telehealth when the use of telehealth:

  • is appropriate for the services being provided;
  • meets the standard of care for delivery of services; and
  • complies with any administrative rules for telehealth adopted by the board that licenses the health care provider.

A board may adopt rules establishing requirements for the use of telehealth by its licensees.

SOURCE: MT Code Annotated, Sec. 37-2-305, (Accessed Jan. 2023).

 

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Nebraska

Last updated 03/10/2023

No Reference Found

No Reference Found

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Nevada

Last updated 02/21/2023

Board of Nursing (Telenursing)

SOURCE: NV Admin. Code Sec. 632.249.

Board of Nursing (Telenursing)

SOURCE: NV Admin. Code Sec. 632.249. (Accessed Feb. 2023).

Board of Pharmacy (Telepharmacy)

SOURCE: NV Admin Code Sec. 639.391-.399. (Accessed Feb. 2023).

The Board of Medicine is required to adopt regulations regarding a physician assistant’s use of equipment that transfers information concerning the medical condition of a patient electronically, telephonically or by fiber optics, including, without limitation, through telehealth, from within or outside Nevada or the United States.

SOURCE: NV Revised Statutes Sec. 630.275(10). (Accessed Feb. 2023).

The NV Board of Pharmacy is required to adopt regulations regarding the practice of telepharmacy.

SOURCE: NV Revised Statutes Sec. 639.0727. (Accessed Feb. 2023).

There are specific standards for telepractice for speech-language pathology and audiology.

SOURCE: NV Revised Statutes Sec. 637B.244. (Accessed Feb. 2023).

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New Hampshire

Last updated 02/27/2023

Explicit permission is given to specific professionals to provide services …

Explicit permission is given to specific professionals to provide services through use of telemedicine.  These professionals include:

  • Podiatrists
  • Chiropractic Examiners
  • Midwifery
  • Optometry
  • Ophthalmic dispensers
  • Naturopathic Medicine
  • Allied Health professionals
  • Acupuncture
  • Psychologists
  • Pharmacists and pharmacies
  • Dentists and dentistry
  • Alcohol and other drug use professional
  • Nurses (APRNs)
  • Mental Health Practice
  • Physicians and Surgeons
  • Medical technicians
  • Medical Imaging and Radiation Therapy

SOURCE: NH Revised Statutes 315:6a , NH Revised Statutes 316-A:15-a, NH Revised Statutes 326-D:12-a, NH Revised Statutes 327:25-c, NH Revised Statutes 327-A:12-a, NH Revised Statutes 328-E:4, NH Revised Statutes 328-F:11-b, NH Revised Statutes 328-G:10, NH Revised Statutes 329-B:16, NH Revised Statutes Annotated 318:16-e , NH Revised Statutes Annotated, 317-A:7-B. NH Revised Statutes 330-C:14-a , NH Revised Statutes 326-B:2NH Revised Statutes 330-A:15-b, NH Revised Statutes 329:1-d, NH Revised Statutes 328-I:16, NH Revised Statutes 328-J:12-a, (Accessed Feb. 2023),

Individuals licensed, certified, or registered pursuant to RSA 137-F; RSA 151-A; RSA 315; RSA 316-A; RSA 317-A; RSA 326-B; RSA 326-D; RSA 326-H; RSA 327; RSA 328-E; RSA 328-F; RSA 328-G; RSA 329-B; RSA 330-A; RSA 330-C; RSA 327-A; RSA 329; RSA 326-B; RSA 318; RSA 328-I; RSA 328-J may provide services through telemedicine or telehealth, provided the services rendered are authorized by scope of practice. Nothing in this provision shall be construed to expand the scope of practice for individuals regulated under this chapter.

An individual providing services by means of telemedicine or telehealth directly to a patient shall:

  • Use the same standard of care as used in an in-person encounter;
  • Maintain a medical record; and
  • Subject to the patient’s consent, forward the medical record to the patient’s primary care or treating provider, if appropriate.
  • Provide meaningful language access if the individual is practicing in a facility that is required to ensure meaningful language access to limited-English proficient speakers pursuant to 45 C.F.R. section 92.101 or RSA 354-A, or to deaf or hard of hearing individuals pursuant to 45 C.F.R. section 92.102, RSA 521-A, or RSA 354-A.

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

SOURCE: NH Revised Statute 310-A:1-g, (Accessed Feb. 2023).

A board of medical imaging professionals and radiation therapists shall adopt rules relative to standards of care for the practice of telemedicine or telehealth.

SOURCE: NH Revised Statutes Annotated, 328-J:7-XIII. (Accessed Feb. 2023).

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New Jersey

Last updated 03/24/2023

Orthotics and Prosthetics Board of Examiners

SOURCE: NJ Administrative Code

Orthotics and Prosthetics Board of Examiners

SOURCE: NJ Administrative Code 13:44H-11.1.  (Accessed Mar. 2023).

Board of Marriage and Family Therapy Examiners

SOURCE: NJ Administrative Code 13:34-6A & 13:34-32.  (Accessed Mar. 2023).

Board of Marriage and Family Therapy Examiners – Art Therapist Advisory Committee

SOURCE: NJ Administrative Code 13:34D-8.  (Accessed Mar. 2023).

Board of Nursing

SOURCE: NJ Administrative Code 13:37-8A.  (Accessed Mar. 2023).

Audiology and Speech Language Pathology

SOURCE: NJ Administrative Code  13:44C-11.  (Accessed Mar. 2023).

Board of Physical Therapy

SOURCE: NJ Administrative Code 13.39A-10.  (Accessed Mar. 2023).

Board of Psychological Examiners

SOURCE: NJ Administrative Code 13:42-13.  (Accessed Mar. 2023).

Board of Social Work

SOURCE: NJ Administrative Code 13:44G-15.  (Accessed Mar. 2023).

Board of Medical Examiners

SOURCE: NJ Administrative Code 13:35-8.21 (Hearing Aid Dispensers), 13:35-6B (Physician), 13:35-2B.3(c), 13:35-2C (Physician Assistant), 13:35-2A (Midwifery)  13:35-12A (Electrologists), 13:35-9.21 (Acupuncture). 13:35-10.26 (Athletic Trainers), 13:35-14.19 (Genetic Counseling) (Accessed Mar. 2023).

Board of Veterinary Medical Examiners

SOURCE: NJ Administrative Code 13:44-4A. (Accessed Mar. 2023). 

Registration Standards for Telemedicine and Telehealth Organizations

SOURCE: NJ Administrative Code 8:53-1. (Accessed Mar. 2023).

Occupational Therapy Advisory Council

SOURCE: NJ Administrative Code 13:44K-7. (Accessed Mar. 2023).

Alcohol and Drug Counselor Committee

SOURCE: NJ administrative Code 13:34C. (Accessed Mar. 2023).

New Jersey Board of Dentistry

SOURCE: NJ Administrative Code 13:30-9. (Accessed Mar. 2023).

Board of Respiratory Care

SOURCE: NJ Administrative Code 13:44F-11. (Accessed Mar. 2023).

Certified Psychoanalysts Advisory Committee

SOURCE: NJ Administrative Code 13:42A-8. (Accessed Mar. 2023).

State Board of Polysomnography

SOURCE: NJ Admin Code 13:44L-7. (Accessed Mar. 2023).

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New Mexico

Last updated 02/03/2023

Speech Language Pathology, Audiology, and Hearing Aid Dispensing Practice Board…

Speech Language Pathology, Audiology, and Hearing Aid Dispensing Practice Board

New Mexico Board of Dental Health Care

SOURCE: NM Administrative Code Title 16, Ch. 5. (Accessed Feb. 2023).

New Mexico Board of Osteopathic Medicine

SOURCE: NM Administrative Code 16..17.1.7. (Accessed Feb. 2023).

New Mexico Medical Board

SOURCE: NM Administrative Code 16.10.2. (Accessed Feb. 2023).

 

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New York

Last updated 02/03/2023

Profession-Specific Telepractice Guidance is available for:

  • Applied Behavior Analysis
  • Audiology

North Carolina

Last updated 02/22/2023

Veterinary Medical Board

SOURCE: NC Admin Code, Title 21, Sec.

Veterinary Medical Board

SOURCE: NC Admin Code, Title 21, Sec. 66 .0211 35:20, (Accessed Feb. 2023).

See statute for ‘practice of teledentistry’ requirements.

SOURCE: NC Statute Sec. 90-30.2. (Accessed Feb. 2023).

An audiology assistant may engage in the following direct patient services: … Providing services previously mentioned through telehealth to extend access to clinical care.

SOURCE: NC Admin Code, Title 21, Sec. 64.1104, (Accessed Feb. 2023).

Applied Behavior Analytic Services

SOURCE: 21 NCAC 05 .0403. (Accessed Feb. 2023).

Dietetics – Telepractice

SOURCE: NC Statute Sec. 90-365.5, (Accessed Apr. 2023).

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North Dakota

Last updated 01/25/2023

North Dakota statute outlines telehealth standard of care and professional …

North Dakota statute outlines telehealth standard of care and professional ethics for dentists.

SOURCE: ND Century Code Ch. 43-28-11.3 (AccessedJan. 2023).

North Dakota statute outlines telemedicine standard of care and professional ethics for dentists.

SOURCE: ND Century Code Sec. 43-17-44, (Accessed Jan. 2023).

North Dakota statute describes when use of telehealth for the provision of medical nutrition therapy and nutrition care services is allowed.

SOURCE: ND Century Code Ch. 43-44-19 (Accessed Jan. 2023).

Veterinary Board

Veterinary medicine includes telemedicine, laser therapy, chemotherapy, and rehabilitation services.

SOURCE: ND Admin Code Sec. 87-06-02, (Accessed Jan. 2023).

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Ohio

Last updated 03/04/2023

Medical Board

SOURCE: OH Admin Code 4731-37-01. (Accessed Mar. 2023).…

Medical Board

SOURCE: OH Admin Code 4731-37-01. (Accessed Mar. 2023).

Counselor, Social Worker and Marriage and Family Therapist Board

SOURCE: OH Admin Code 4757-5-13 – (Accessed Mar. 2023)

State Board of Speech Language Pathology and Audiology

STATUS: OH Admin. Code 4753-2-01. (Accessed Mar. 2023)

Ohio Vision Professionals Board

STATUS: OH Admin. Code 4725-25-01. (Accessed Mar. 2023).

Occupational Therapy

SOURCE: OH Admin Code 4755-7-05. (Accessed Mar. 2023).

Physical Therapy Practice

SOURCE: OH Admin. Code 4755-27-09. (Accessed Mar. 2023).

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Oklahoma

Last updated 03/30/2023

State Board of Medical Licensure and Supervision

SOURCE: OK Admin.

State Board of Medical Licensure and Supervision

SOURCE: OK Admin. Code Sec. 435:10-7-13. (Accessed Mar. 2023).

State Board of Examiners for Speech-Language Pathology and Audiology

SOURCE: OK Admin. Code Sec. 690:10-3-9. (Accessed Mar. 2023).

State Board of Occupational Therapy

SOURCE: OK Admin. Code Sec. 435:30-1-18. (Accessed Mar. 2023).

A dentist holding a valid dental license in Oklahoma may consult, diagnose and treat a patient of record via synchronous or asynchronous telecommunication between the patient and dentist. The dentist must record all activities relating to teledentistry in the patient record and must have an office location in Oklahoma available for follow-up treatment and maintenance of records.

SOURCE: OK Statute Sec. 328.54, (Accessed Mar. 2023).

Physical therapy services may be provided in person or remotely, via telehealth, to individuals or groups.

SOURCE: OK Statute Title 59, Sec. 887.2, (Accessed Mar. 2023).

Veterinary Medicine

SOURCE: OK Statute Title 59, Chapter 15, Sec 698.11 (Accessed Mar. 2023).

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Oregon

Last updated 03/01/2023

Board of Occupational Therapy

SOURCE: OR Admin. Code 339-010-0006. (Accessed

Board of Occupational Therapy

SOURCE: OR Admin. Code 339-010-0006. (Accessed Mar. 2023).

Board of Physical Therapy

SOURCE: OR Admin. Code 848-040-0180. (Accessed Mar. 2023).

Board of Chiropractic Examiners

SOURCE: OR Admin. Code 811-015-0066. (Accessed Mar. 2023).

Board of Optometry

SOURCE: OR Admin. Code 852-020-0050. (Accessed Mar. 2023).

Oregon Medical Board, Rules for Licensure to Practice Medicine Across State Lines

SOURCE: OR Admin. Code 847-025-0000. (Accessed Mar. 2023).

Oregon Medical Board, Telemedicine

SOURCE: Oregon Medical Board. (Accessed Mar. 2023).

 An acupuncturist may engage in the practice of acupuncture via telemedicine for patients located in Oregon.

SOURCE: OR Admin Code 847-070-0020, (Accessed Mar. 2023).

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Pennsylvania

Last updated 03/16/2023

No Reference Found

No Reference Found

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Puerto Rico

Last updated 03/01/2023

Se faculta a la Junta de Licenciamiento y a la …

Se faculta a la Junta de Licenciamiento y a la Junta Examinadora u Organismo Rector de cada profesión cubierto por este capítulo a implantar las reglas y reglamentos necesarios para dar cumplimiento a las disposiciones de este capítulo o que sean necesarios por la práctica de la telemedicina o telesalud en Puerto Rico. Al reglamentar todos los asuntos relacionados a la telemedicina o telesalud deberán considerar, sin que represente una limitación a su facultad de reglamentar la materia, los comentarios, sugerencias y recomendaciones de la academia y los gremios y asociaciones que representen a los médicos, proveedores de salud y demás profesionales de la salud cobijados bajo este capítulo.

SOURCE: 20 LPRA Section 6011(k). (Accessed Mar 2023).

Practice Requirements (Accessed Mar 2023).

Reglamento de la Junta de Licenciamiento Y Disciplina medica De Puerto Rico

SOURCE:  Departmento de Salud (20 de agosto de 2019) (Accessed Mar. 2023).

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Rhode Island

Last updated 01/06/2023

Professionals licensed utilizing telemedicine in the practice of dentistry are …

Professionals licensed utilizing telemedicine in the practice of dentistry are subject to the same standard of care that would apply to the provision of the same dental care service or procedure in an in-person setting.

SOURCE: RI General Law Chapter 5-31.1-40 (Accessed Jan. 2023).

See Misc. section for virtual eye assessment requirements.

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South Carolina

Last updated 02/02/2023

South Carolina Board of Examiners in Psychology*

SOURCE: Telehealth Statement,

South Carolina Board of Examiners in Psychology*

SOURCE: Telehealth Statement, March 11, 2019. (Accessed Feb. 2023).

South Carolina Board of Physical Therapy Examiners*

SOURCE: Advisory Opinion On The Use Of Telehealth, Oct. 28, 2020. (Accessed Feb. 2023).

South Carolina Board of Occupational Therapy*

SOURCE: Advisory Opinion On The Use Of Telehealth, June 12, 2020 (Accessed Feb. 2023).

South Carolina Board of Examiners in Speech-Language Pathology and Audiology*

SOURCE: Policy Regarding Telepractice, 2022. (Accessed Feb. 2023).

 

* The policies above are not official law or regulation, however are ‘advisory opinions’ or statements released by specific boards in the state on telehealth.

 

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South Dakota

Last updated 03/03/2023

Any person who is licensed as a Speech-Language Pathologist may …

Any person who is licensed as a Speech-Language Pathologist may provide services via telehealth.  Services delivered via telehealth must be equivalent to the qualify of services delivered face-to-face.

SOURCE: SD Codified Laws Sec. 36-37-7, as amended by House Bill 1014 (2023 session), (Accessed Mar. 2023).

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Tennessee

Last updated 03/23/2023

Board of Medical Examiners

SOURCE: TN Rule Annotated, Rule 0880-02.

Board of Medical Examiners

SOURCE: TN Rule Annotated, Rule 0880-02. (Accessed Mar. 2023).

Board of Optometry

SOURCE: TN Rule Annotated, Rule 1045-02-.18 (Accessed Mar. 2023).

Teledentistry

Dentists who are licensed in this state and who deliver services using teledentistry shall establish protocols for the practice that should include proper methods of keeping the patient fully informed; proper safeguards ensuring that all state and federal laws and regulations relative to the privacy of health information are followed; proper documentation of all services or treatment rendered via teledentistry; proper procedures to ensure the referral of those patients requiring treatment beyond what can be provided via teledentistry to a dentist licensed in this state; and any such requirements as prescribed by the board of dentistry. Any and all services provided via teledentistry shall be consistent with the in-person provision of those services. Any and all services provided via teledentistry shall comply with this chapter and shall be provided in accordance with the rules of the board of dentistry.

SOURCE: TN Code Annotated 63-5-108, (Accessed Mar. 2023).

Practice of physical therapy means by in-person encounter or via telehealth, telemedicine or provider-based telemedicine.

SOURCE: TN Code Annotated 63-13-103, (Accessed Mar. 2023).

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Texas

Last updated 03/16/2023

TX Medical Board

SOURCE: TX Admin. Code, Title 22, Part

TX Medical Board

SOURCE: TX Admin. Code, Title 22, Part 9, Ch.174. (Accessed Mar. 2023).

TX Board of Speech Pathology and Audiology

SOURCE: TX Admin. Code, Title 16, Part 4, Ch. 11, Subchapter V, Sec. 111.210-212, (Accessed Mar. 2023).

TX Board of Occupational Therapy Examiners

SOURCE: TX Admin. Code, Title 40, Ch. 372.1. (Accessed Mar. 2023).

TX Board of Optometry

SOURCE: TX Admin. Code, Title 22, Sec. 279.16. (Accessed Mar. 2023).

TX Board of Physical Therapy

SOURCE:  TX Admin. Code, Title 22, Sec. 322.5. (Accessed Mar. 2023).

TX Board of Veterinary Medical Examiners

SOURCE:  TX Admin. Code, Title 22, Sec. 573.68. (Accessed Mar. 2023).

Behavioral Analysts Program

SOURCE: TX Admin Code, Title 16, Sec. 121.70. (Accessed Mar. 2023).

Dyslexia Therapy Program

SOURCE: TX Admin Code, Title 16, Sec. 121.71. (Accessed Mar. 2023).

Hearing Instrument Fitters and Dispensers

SOURCE: TX Admin. Code Title 16, Sec. 112.132, (Accessed Mar. 2023).

Board of Chiropractic Examiners

SOURCE: TX Admin Code Title 22. Sec. 75.10. (Accessed Mar. 2023).

State Board of Dental Examiners

SOURCE: TX Administrative Code Title 22, Part 5, Ch. 108, Rule 108.16. (Accessed Mar. 2023).

The State Board of Dental Examiners, in consultation with the commissioner of insurance, as appropriate, may adopt rules necessary to:

  • Ensure that patients using teledentistry dental services receive appropriate, quality care;
  • Prevent abuse and fraud in the use of teledentistry dental services, including rules relating to the filing of claims and records required to be maintained in connection with teledentistry dental services;
  • Ensure adequate supervision of health professionals who are not dentists and who provide teledentistry dental services under the delegation and supervision of a dentist; and
  • Authorize a dentist to simultaneously delegate to and supervise through a teledentistry dental service not more than five health professionals who are not dentists.

The Texas Medical Board, in consultation with the commissioner of insurance, as appropriate, may adopt rules necessary to:

  • Ensure that patients using telemedicine medical services receive appropriate, quality care;
  • Prevent abuse and fraud in the use of telemedicine medical services, including rules relating to the filing of claims and records required to be maintained in connection with telemedicine medical services;
  • Ensure adequate supervision of health professionals who are not physicians and who provide telemedicine medical services; and
  • Establish the maximum number of health professionals who are not physicians that a physician may supervise through a telemedicine medical service.

SOURCE: TX Occupations Code 111.004. (Accessed Mar. 2023).

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Utah

Last updated 02/01/2023

Utah has scope of telehealth practice that applies to providers …

Utah has scope of telehealth practice that applies to providers offering telehealth services.  See regulations for details.

SOURCE: R156-1-603, (Accessed Feb. 2023).

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Vermont

Last updated 02/10/2023

No Reference Found

No Reference Found

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Virgin Islands

Last updated 03/02/2023

No reference found.

No reference found.

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Virginia

Last updated 03/16/2023

See rules for the practice of teledentistry specifically.

SOURCE: VA

See rules for the practice of teledentistry specifically.

SOURCE: VA Statute 54.1-2711, (Accessed Mar. 2023).

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Washington

Last updated 02/16/2023

Washington Medical Commission

SOURCE: Defining and providing guidance on Telemedicine

Washington Medical Commission

SOURCE: Defining and providing guidance on Telemedicine usage & Updated Guidance on Telemedicine (July 2022).  (Accessed Feb. 2023).

Physical Therapy Practice Board

SOURCE: WAC 246-915-187 (Accessed Feb. 2023).

Occupational Therapy Practice Board

SOURCE: WAC 246-847-176 (Accessed Feb. 2023).

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West Virginia

Last updated 02/10/2023

Board of Examiners for Speech-Language Pathology and Audiology

SOURCE: WV

Board of Examiners for Speech-Language Pathology and Audiology

SOURCE: WV Admin. Law Sec. 29-1-17 (Accessed Feb. 2023).

Board of Physical Therapy

SOURCE: WV Admin Law Sec. 16-01 & 05 (Accessed Feb. 2023).

Board of Occupational Therapy

SOURCE: WV Admin. Law Sec. 13-09 (Accessed Feb. 2023).

Veterinarians

SOURCE: WV Statute Sec. 30-10-24, as added by HB 4570 (2022 Session). (Accessed Feb. 2023).

Dentistry (Final Rule, Expires Aug. 1, 2027)

SOURCE: WV Admin Law 5-16 (Accessed Feb. 2023).

Board of Nursing (Final Rule, Expires Aug. 1, 2027)

SOURCE: WV Admin Law 19-16. (Accessed Feb 2023).

Board of Osteopathic Medicine (Final Rule, Expires Aug. 1, 2027)

SOURCE:WV Admin Law 24-10 (Accessed Feb. 2023).

Board of Social Work (Final Rule, Expires Aug. 1, 2030)

SOURCE: WV Admin Law 25-1. (Accessed Feb. 2023).

Board of Medicine (Final Rule, Expires Aug. 1, 2027)

SOURCE: WV Admin Law 11-15 (Accessed Feb. 2023).

Board of Examiners in Counseling (Emergency Rule, Expires Aug. 1, 2027)

SOURCE: WV Admin Law 27-14 (Accessed Feb. 2023).

A health care board shall propose an emergency rule for legislative approval to regulate telehealth practice by a telehealth practitioner. The proposed rule shall consist of the following:

  1. The practice of the health care service occurs where the patient is located at the time the telehealth services are provided;
  2. The health care practitioner who practices telehealth shall be:
    1. Licensed in good standing in all states in which he or she is licensed and not currently under investigation or subject to an administrative complaint; and
    2. Registered as an interstate telehealth practitioner with the appropriate board in West Virginia;
  3. When the health care practitioner-patient relationship is established.
  4. The standard of care for the provision of telehealth services.  The standard of care shall require that with respect to the established patient, the patient shall visit an in-person health care practitioner within 12 months of using the initial telemedicine service or the telemedicine service shall no longer be available to the patient until an in-person visit is obtained.  This requirement may be suspended, in the discretion of the health care practitioner, on a case-by-case basis, and it does not to the following services: acute inpatient care, post-operative follow-up checks, behavioral medicine, addiction medicine, or palliative care.
  5. A prohibition of prescribing any controlled substance listed in Schedule II of the Uniform Controlled Substance Act, unless authorized by another section: Provided, That the prescribing limitations contained in this section do not apply to a physician or a member of the same group practice with an established patient.
  6. Establish the conduct of a registrant for which discipline may be imposed by the board of registration.
  7. Establish a fee, not to exceed the amount to be paid by a licensee, to be paid by the interstate telehealth practitioner registered in the state.
  8. A reference to the Board’s discipline process.

SOURCE: WV Statute Sec. 30-1-26. (Accessed Feb. 2023).

Statutes include requirements for telemedicine practice standards for the physicians and osteopathic physicians and surgeons.

SOURCE: WV Statute Sec. 30-14-12d & 30-3-13a. (Accessed Feb. 2023).

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Wisconsin

Last updated 03/22/2023

Medical Examining Board

SOURCE: WI Administrative Code, Med Ch. 24,

Medical Examining Board

SOURCE: WI Administrative Code, Med Ch. 24, (Accessed Mar. 2023).

Veterinary Examining Board

SOURCE: WI Admin. Code Ch. VE 1 (Accessed Mar. 2023).

 

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Wyoming

Last updated 01/04/2023

WY Board of Chiropractic Examiners

SOURCE: WY Admin. Code, Chiropractic

WY Board of Chiropractic Examiners

SOURCE: WY Admin. Code, Chiropractic Board, Ch. 11, (Accessed Jan. 2023).

WY Board of Occupational Therapy

SOURCE: WY Admin Rules. Board of Occupational Therapy. Ch. 3, (Accessed Jan. 2023).

WY Board of Physical Therapy

SOURCE: WY Admin Rules. Board of Physical Therapy. Ch. 7, (Accessed Jan. 2023).

WY Board of Examiners of Speech-Language Pathology and Audiology

SOURCE: WY Admin Rules, Speech Language Pathology and Audiology, Ch. 13,  (Accessed Jan. 2023).

WY Board of Athletic Trainers

SOURCE: WY Admin Rules, Board of Athletic Trainers, Agency 065, Ch. 10, (Accessed Jan. 2023).

The WY State Board of Medicine is empowered to adopt rules and regulations for the practice of telemedicine.

SOURCE: WY Statutes Annotated, 33-26-202, (Accessed Jan. 2023). 

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Professional Requirements

Professional Boards Standards

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