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 12/14/2023

No reference found.

No reference found.

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Alabama

Last updated 11/21/2023

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 Nov. 2023).

AL Board of Nursing

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

AL Board of Social Work

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

AL Board of Speech-Language Pathology and Audiology

SOURCE: AL Admin Code 870-X-7-.05 (Accessed Nov. 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 Nov. 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 & 706, (Accessed Nov. 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 Nov. 2023).

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Alaska

Last updated 11/27/2023

Medical Board

SOURCE: AK Admin. Code, Title 12, Sec. 40.943 (Accessed Nov. 2023).

Audiology & Speech-Language Pathology

SOURCE: AK Admin. Code, Title 12, Sec. 07.020. (Accessed Nov. 2023).

Physical therapists and occupational therapy

SOURCE: AK Admin Code Title 12, Sec. 54. 530 & 825 (Accessed Nov. 2023).

Board of Nursing

SOURCE: AK Admin Code Title 12, 44.925 (Accessed Nov. 2023).

Optometry Board

SOURCE: AK Admin Code Title 12, 48.370, (Accessed Nov. 2023).

Psychology Practice

SOURCE: AK Admin Code Title 12, 60.400-415, (Accessed Nov. 2023).

What are the standards for telehealth delivery?

A provider may deliver health care services via telehealth without an initial in-person exam if the provider holds an Alaska license. For these visits:

  • The provider must only provide services within their authorized scope of practice.
  • Fees for telehealth services must be reasonable and consistent with ordinary fees for the same in-person service.
  • There is no requirement to document the barrier to in-person health care delivery.
  • There is no limitation to the physical setting from which telehealth may be delivered.
  • Neither the patient nor the provider is required to use telehealth to deliver health care services.

To whom do these telehealth standards apply?

Alaska-licensed audiologist or speech-language pathologist; behavior analyst; chiropractor; professional counselor; dentist or dental hygienist; dietitian or nutritionist; naturopath; marital and family therapist; physician, podiatrist, osteopath, or physician assistant; direct-entry midwife; nurse or advanced practice registered nurse (APRN); dispensing optician; optometrist; pharmacist; physical therapist or occupational therapist; psychologist or psychological associate; social worker; or a physician licensed in another state.

SOURCE:  Alaska Department of Commerce, Community and Economic Development, Division of Corporations, Business and Professional Licensing, Telehealth Information, (Accessed Nov. 2023)

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Arizona

Last updated 02/09/2024

Board of Psychologist Examiners

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

Board of Psychologist Examiners

SOURCE: AZ Reg. Sec. R4-26-109. (Accessed Feb. 2024).

Board of Behavioral Health Examiners

SOURCE: AZ Reg. Sec. R4-6-1106. (Accessed Feb. 2024).

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 Feb. 2024).

Veterinarians – See statute for requirements around forming a veterinarian client patient relationship through electronic means.

SOURCE: Arizona Revised Statute 32-2240.03 (Accessed Feb. 2024).

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Arkansas

Last updated 02/06/2024

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

California

Last updated 12/20/2023

CA Board of Occupational Therapy

SOURCE: Title 16, Div. 39,

CA Board of Occupational Therapy

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

CA Board of Behavioral Sciences

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

CA Board of Psychology

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

Veterinarians

SOURCE: CA Business and Professions Code Section 4826.6 as added by AB 1399 (2023 Session). (Accessed Dec. 2023).

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Colorado

Last updated 01/29/2024

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. 2024).

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. 2024).

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Connecticut

Last updated 01/10/2024

No Reference Found

No Reference Found

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Delaware

Last updated 01/15/2024

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 Jan. 2024)

Physical Therapists and Athletic Trainers

SOURCE: DE Statute Title 24, Chapter 26, Sec. 2602. (Accessed Jan. 2024).

Board of Clinical Social Work Examiners

SOURCE: 24 DE Statute Title 24, Chapter 39, 3920. (Accessed Jan. 2024).

Board of Dentistry and Dental Hygiene

SOURCE: 24 DAC 1100 (Accessed Jan. 2024).

Board of Pharmacy

SOURCE: 24 DAC 2500 (Accessed Jan. 2024).

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District of Columbia

Last updated 12/07/2023

Board of Medicine

SOURCE: DCMR Title 17, Ch. 46 Sec.

Board of Medicine

SOURCE: DCMR Title 17, Ch. 46 Sec. 4618.; Board of Medicine Policy No. 15-01 Telemedicine Policy. (Accessed Dec. 2023).

Professional Art Therapy

SOURCE: DCMR Title 17, Ch. 116 Sec. 11613. (Accessed Dec. 2023).

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Florida

Last updated 02/24/2024

Health Professional Telehealth Practice Standards and Related Requirements

SOURCE: FL

Health Professional Telehealth Practice Standards and Related Requirements

SOURCE: FL Statute 456.47. (Accessed Feb. 2024).

Florida Department of Health Telehealth Frequently Asked Questions

SOURCE: FL Department of Health. Telehealth FAQs. (Accessed Feb. 2024).

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Georgia

Last updated 01/31/2024

GA Composite Medical Board

SOURCE:  GA Rules & Regulations Sec.

GA Composite Medical Board

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

GA Composite Medical Board – Requirements for Telemedicine Licensure

SOURCE:  GA Rules & Regulations Sec. 360-2-.17 (Accessed Jan. 2024).

GA Board of Physical Therapy

SOURCE: GA Rules & Regulations Sec. 490-9-.06 (Accessed Jan. 2024).

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Hawaii

Last updated 02/13/2024

No Reference Found

No Reference Found

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Idaho

Last updated 02/13/2024

ID Board of Dentistry

SOURCE: IDAPA 24.31.01 (Accessed Feb. 2024).

ID Board of Dentistry

SOURCE: IDAPA 24.31.01 (Accessed Feb. 2024).

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. 2024)

ID Board of Psychologist Examiners (Telepsychology)

SOURCE: IDAPA 24.12.01 (Accessed Feb 2024)

Idaho State Board Of Medicine

SOURCE: IDAPA -24.33.03, (Accessed Feb. 2024)

Idaho Board of Physical Therapy

SOURCE: IDAPA 24.13.01.  (Accessed Feb. 2024).

Idaho Speech, Hearing and Communication Services Licensure Board

SOURCE:  IDAPA 24.23.01 (Accessed Feb. 2024).

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Illinois

Last updated 02/27/2024

No Reference Found

No Reference Found

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Indiana

Last updated 12/05/2023

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 Dec. 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 Dec. 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 Dec. 2023).

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Iowa

Last updated 01/15/2024

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. 2024).

IA Board of Medicine

SOURCE: IA Admin Code Sec. 653.13.11 (Accessed Jan. 2024).

IA Board of Physical and Occupational Therapists

SOURCE: IA Admin Code Sec. 645-201.3 & 645-208.3. (Accessed Jan. 2024).

IA Board of Nursing

SOURCE: IA Admin Code Sec. 655-6.4(152), (Accessed Jan. 2024).

IA Board of Dietetics

SOURCE:  Iowa Administrative Code Section 645.81.17. (Accessed Jan. 2024)

Education Department Standards

SOURCE: IA Code 281.14.23, (Accessed Jan. 2024).

Board of Psychology

SOURCE: Iowa Admin Code, Sec. 645-243.7, (Accessed Jan. 2024).

Board of Physician Assistants

SOURCE: Iowa Admin Code, Sec. 645-327.9, (Accessed Jan. 2024).

Board of Speech Pathology and Audiology

SOURCE: Iowa Admin Code, Sec. 645-301.1, (Accessed Jan. 2024).

Hearing Aid Specialists

SOURCE: Iowa Admin Code, Sec. 645-123.5, (Accessed Jan. 2024).

Board of Nursing – ARNP

SOURCE: IA Admin Code Sec. 655-7.9(152), (Accessed Jan. 2024).

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Kansas

Last updated 12/06/2023

Board of Healing Arts

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

Kentucky

Last updated 12/11/2023

Speech Language Pathology and Audiology

SOURCE: Title 201, Ch. 17,

Speech Language Pathology and Audiology

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

Board of Dentistry Examiners

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

Physical Therapy

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

Dietitians and Nutritionists

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

Nursing Board

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

Board of Psychology

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

Occupational Therapy

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

Marriage and Family Therapists

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

Board of Optometric Examiners

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

Veterinarians

Telehealth shall be authorized for veterinary practice. Telehealth is divided into categories based on who is involved in the communication. For communication between veterinarians and other persons, there are distinctions in practice related to whether a VCPR as set forth in KRS 321.185 has been established with the patient.  See statute for different types of veterinary telehealth.

SOURCE: KY Revised Statute Sec. 321.186, (Accessed Dec. 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 02/15/2024

Louisiana Medical Board

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

Louisiana Medical Board

SOUCE: LA Admin. Code 46: XLV.75 p. 225 (Accessed Feb. 2024).

Speech Language Pathology and Audiology

SOUCE: LA Admin. Code 46: LXXV. 135. p. 18 (Accessed Feb. 2024).

Licensed Professional Counselors

SOUCE: LA Admin. Code 46: LX.505., p. 6-7 (Accessed Feb. 2024).

Physical Therapy Board

SOUCE: LA Admin. Code 46: LIV.319. p. 24-25 (Accessed Feb. 2024).

Registered Dietitians/Nutritionists

SOUCE: LA Admin. Code 46: LXIX.101. p. 3-4 (Accessed Feb. 2024).

Board of Dentistry

SOURCE: LA Admin. Code LAC 46:XXXIII.203 (Accessed Feb. 2024).

Board of Optometry

SOURCE: LA Admin Code LAC 46:LI.509, (Accessed Feb. 2024).

Board of Psychology

SOURCE: LA Admin Code LAC Title 46:LXIII Sec. 1401-1409, (Accessed Feb. 2024).

Louisiana has specific standards for its telemedicine physicians.

SOURCE: LA Statute Sec. 37:1271 (Accessed Feb. 2024).

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 Feb. 2024).

Each 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. See rule for requirements

SOURCE: LA Revised Statute Sec. 40:1223.4, as amended by Senate Bill 65 (2023 Session), (Accessed Feb. 2024).

Except as provided in Subparagraph (c) of this Paragraph, a coroner, who is a physician, or his deputy, who is a physician, may utilize telehealth to conduct the seventy-two-hour independent examination pursuant to this Paragraph.

SOURCE: LA Revised Statute Sec, 28:53(G)(7), & House Bill 181 (2023 Session), (Accessed Feb. 2024).

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Maine

Last updated 02/03/2024

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 Feb. 2024).

Board of Osteopathic Licensure

SOURCE: ME Regulation 02-383-11 (Accessed Feb. 2024).

Office Based Treatment of Opioid Use Disorder

SOURCE: ME Regulation, 02, Ch. 373, 380, 383, Ch. 12, Section 6, (Accessed Feb. 2024).

State Board of Nursing

SOURCE: ME Regulation, 02-380-11. (Accessed Feb. 2024).

Board of Dental Practice

SOURCE: ME Regulation, 02-313-15. (Accessed Feb. 2024).

Board of Social Worker Licensure

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

Statute 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, (Accessed Feb. 2024).

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 Feb. 2024).

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Maryland

Last updated 02/21/2024

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 Feb. 2024).

Board of Physicians

SOURCE: Code of Maryland Admin. Regs. Sec. 10.32.05. (Accessed Feb. 2024).

Board of Examiners of Psychologists

SOURCE: Code of Maryland Admin. Regs. Sec. 10.36.10.02. (Accessed Feb. 2024).

Board of Nursing

SOURCE: Code of Maryland Admin. Regs. Sec. 10.27.17. (Accessed Feb. 2024).

Board of Professional Counselors and Therapists

SOURCE: Code of Maryland Admin Regs, Sec. 10.58.06. (Accessed Feb. 2024).

Board of Social Work

SOURCE: Code of Maryland Admin. Regs. Sec. 10.42.10. (Accessed Feb. 2024).

Board of Occupational Therapists

SOURCE: Code of Maryland Admin. Regs. Sec. 10.46.08. (Accessed Feb. 2024).

Board of Physical Therapists

SOURCE: Code of Maryland Admin. Regs. Sec. 10.38.13. (Accessed Feb. 2024).

Board of Massage Therapists

SOURCE: Code of Maryland Admin. Regs. Sec. 10.65.10. (Accessed Feb. 2024).

Board of Chiropractic Examiners

SOURCE: Code of Maryland Admin. Regs. Sec. 10.43.17. (Accessed Feb. 2024).

Board of Podiatric Medical Examiners

SOURCE: Code of Maryland Admin. Regs. Sec. 10.40.12. (Accessed Feb. 2024).

Board of Dietetic Practice

SOURCE: Code of Maryland Admin. Regs. Sec. 10.56.10. (Accessed Feb. 2024).

Board of Examiners in Optometry

SOURCE: Code of Maryland Admin. Regs. Sec. 10.28.01. (Accessed Feb. 2024).

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Massachusetts

Last updated 01/12/2024

Minnesota

Last updated 11/28/2023

No Reference Found

No Reference Found

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Mississippi

Last updated 12/23/2023

Board of Medicine

SOURCE: Title 30, Part 2635, Rule 5.

Board of Medicine

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

Licensed Professional Counselors

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

MS Department of Health: Occupational Therapy

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

Board of Pharmacy – Telepharmacy

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

Board of Examiners of Licensed Professional Counselors

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

Board of Optometry

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

Board of Physical Therapy

SOURCE: MS Admin Code Title 30, Part 3101, Rule 1.3, (Accessed Dec. 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 Dec. 2023).

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Missouri

Last updated 01/20/2024

No Reference Found

No Reference Found

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Montana

Last updated 02/13/2024

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 Feb. 2024).

MT Board of Speech-Language Pathology

SOURCE: MT Admin Rules, Sec. 24.222.9 (Accessed Feb. 2024).

Board of Psychologists

SOURCE: MT Admin Rules Sec. 24.189.415, (Accessed Feb. 2024).

An audiology assistant or a speech-language pathology assistant may engage in telehealth or provide other services as directed by a speech-language pathologist or audiologist that otherwise comply with board rules for scope of practice by speech-language pathology assistants and audiology assistants.

SOURCE: MT Code Annotated, Sec. 37-15-314, (Accessed Nov. 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 Feb. 2024).

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Nebraska

Last updated 01/04/2024

Practice of dietetics and nutrition means the integration and application …

Practice of dietetics and nutrition means the integration and application of scientific principles derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology, food management, and behavioral and social sciences in achieving and maintaining health throughout the life span and in providing nutrition care in person or by telehealth, including medical nutrition therapy, for the purpose of disease management and prevention, or to treat or rehabilitate an illnessinjury, or conditionThe primary functions of the practice of dietetics and nutrition are the provision of medical nutrition therapy for the purpose of disease management or to treat or rehabilitate an illnessinjury, or condition and the provision of other nutrition-care services for health and wellness and as primary prevention of chronic disease.

SOURCE: NE Statute Sec. 38-1810.01, (Accessed Jan. 2024).

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Nevada

Last updated 12/18/2023

Board of Nursing (Telenursing)

SOURCE: NV Admin. Code Sec. 632.249.

Board of Nursing (Telenursing)

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

Board of Pharmacy (Telepharmacy)

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

A licensee may use telehealth in accordance with the provisions of NRS 629.515.

SOURCE: NV Admin Code 640.040, (Accessed Dec. 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 Dec. 2023).

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

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

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

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

See statute for teledentistry requirements, and requirement for the Board to adopt regulations.

If an applicant for a license to practice dental hygiene, dental therapy or dentistry, or any of its special branches, intends to provide services through teledentistry, the applicant must submit to the Board proof that the applicant has completed:

  • At least 2 hours of continuing education concerning teledentistry; or
  • A course in teledentistry as part of the requirements for graduation from an accredited institution.

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

See Optometry statute for requirements for optometrists, including instances where an in person visit may be required.

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

A provider of health care who is located at an originating site and is conducting a forensic medical examination of an apparent victim of sexual assault or strangulation may use telehealth to connect to an appropriately trained physician, physician assistant or registered nurse who is located at a distant site for the purpose of obtaining instructions and guidance on conducting the examination. The provisions of this subsection must not be construed to prohibit the use of telehealth for communication between providers of health care in other circumstances authorized by law.

SOURCE: NV Revised Statute Ch. 629.515 as added by AB 276 (2023 Session), (Accessed Dec. 2023).

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New Hampshire

Last updated 07/13/2023

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
  • Acupuncture
  • Psychologists
  • 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-G:10, NH Revised Statutes 329-B:16, 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 Dec. 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-D; 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; or RSA 332-B 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 Dec. 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 Dec. 2023).

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New Jersey

Last updated 02/03/2024

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 Feb. 2024).

Board of Marriage and Family Therapy Examiners

SOURCE: NJ Administrative Code 13:34-6A & 13:34-32. (Accessed Feb. 2024).

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

SOURCE: NJ Administrative Code 13:34D-8.  (Accessed Feb. 2024).

Board of Nursing

SOURCE: NJ Administrative Code 13:37-8A.  (Accessed Feb. 2024).

Audiology and Speech Language Pathology

SOURCE: NJ Administrative Code  13:44C-11.  (Accessed Feb. 2024).

Board of Physical Therapy

SOURCE: NJ Administrative Code 13.39A-10.  (Accessed Feb. 2024).

Board of Psychological Examiners

SOURCE: NJ Administrative Code 13:42-13.  (Accessed Feb. 2024).

Board of Social Work

SOURCE: NJ Administrative Code 13:44G-15.  (Accessed Feb. 2024).

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 Feb. 2024).

Board of Veterinary Medical Examiners

SOURCE: NJ Administrative Code 13:44-4A. (Accessed Feb. 2024). 

Registration Standards for Telemedicine and Telehealth Organizations

SOURCE: NJ Administrative Code 8:53-1. (Accessed Feb. 2024).

Occupational Therapy Advisory Council

SOURCE: NJ Administrative Code 13:44K-7. (Accessed Feb. 2024).

Alcohol and Drug Counselor Committee

SOURCE: NJ administrative Code 13:34C. (Accessed Feb. 2024).

New Jersey Board of Dentistry

SOURCE: NJ Administrative Code 13:30-9. (Accessed Feb. 2024).

Board of Respiratory Care

SOURCE: NJ Administrative Code 13:44F-11. (Accessed Feb. 2024).

Certified Psychoanalysts Advisory Committee

SOURCE: NJ Administrative Code 13:42A-8. (Accessed Feb. 2024).

State Board of Polysomnography

SOURCE: NJ Admin Code 13:44L-7. (Accessed Feb. 2024).

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New Mexico

Last updated 02/26/2024

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

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

SOURCE: NM Administrative Code 16.26.2.20. (Accessed Feb. 2024).

New Mexico Medical Board has telemedicine license requirements.

SOURCE: NM Administrative Code 16.10.11. (Accessed Feb. 2024).

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New York

Last updated 11/18/2023

Profession-Specific Telepractice Guidance is available for:

  • Applied Behavior Analysis
  • Audiology

Profession-Specific Telepractice Guidance is available for:

  • Applied Behavior Analysis
  • Audiology
  • Mental Health Practitioners
  • Physical Therapy
  • Psychology
  • Social Work
  • Speech-Language Pathology

SOURCE: NY Office of the Professions, Applied Behavioral Analysis, Practice Alerts – Telepractice; Audiology, Practice Alerts – Telepractice; Mental Health Practitioner, Practice Alerts – Telepractice; Physical Therapy, Practice Alerts – Telepractice; Psychology Practice Alerts – Telepractice; Social Work Practice Alerts – Telepractice; Speech Language Pathology Practice Alerts – Telepractice, (Accessed Nov. 2023).

Workers’ Compensation

See regulations for related provider practice requirements.

SOURCE: Title 12 NYCRR Section. 325-1.26 as proposed to be added by Notice Of Adoption. (Accessed Nov. 2023).

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North Carolina

Last updated 12/12/2023

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 Dec. 2023).

See statute for ‘practice of teledentistry’ requirements.

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

Applied Behavior Analytic Services

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

Dietetics – Telepractice

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

Medical Nutrition Therapy

SOURCE: 21 NCAC 17 .0403, (Accessed Dec. 2023).

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North Dakota

Last updated 02/19/2024

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 (Accessed Feb. 2024).

North Dakota statute outlines telemedicine standard of care and professional ethics for physicians, resident physicians and physician assistants.

SOURCE: ND Century Code Sec. 43-17-44, (Accessed Feb. 2024).

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 Feb. 2024).

Veterinary Board

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

SOURCE: ND Admin Code Sec. 87-06-02, (Accessed Feb. 2024).

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Ohio

Last updated 02/16/2024

Medical Board

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

Medical Board

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

Counselor, Social Worker and Marriage and Family Therapist Board

SOURCE: OH Admin Code 4757-5-13 – (Accessed Feb. 2024)

State Board of Speech Language Pathology and Audiology

STATUS: OH Admin. Code 4753-2-01. (Accessed Feb. 2024)

Ohio Vision Professionals Board

STATUS: OH Admin. Code 4725-25-01. (Accessed Feb. 2024).

Occupational Therapy

SOURCE: OH Admin Code 4755-7-05. (Accessed Feb. 2024).

Physical Therapy Practice

SOURCE: OH Admin. Code 4755-27-09. (Accessed Feb. 2024).

State Chiropractic Board

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

Each health care professional licensing board shall permit a health care professional under its jurisdiction to provide the professional’s services as telehealth services in accordance with this section. Subject to division (B)(2) of this section, a board may adopt any rules it considers necessary to implement this section. All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code. Any such rules adopted by a board are not subject to the requirements of division (F) of section 121.95 of the Revised Code.

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

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Oklahoma

Last updated 12/04/2023

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 Dec. 2023).

State Board of Examiners for Speech-Language Pathology and Audiology

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

State Board of Occupational Therapy

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

State Board of Physical Therapists and Assistants

SOURCE: OK Admin Code Sec. 435:20-5-11 (Accessed Dec. 2023).

Teledentistry

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 Dec. 2023).

Physical Therapy 

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 Dec. 2023).

Veterinary Medicine

The practice of veterinary medicine shall include, but not be limited to: … Diagnosing, surgery, treating, correcting, changing, relieving, or preventing animal disease, deformity, defect, injury or other physical or mental conditions including the prescribing or administering of any drug, medicine, biologic, apparatus, application, anesthetic, telemedicine, animal chiropractic diagnosis and treatment, or other therapeutic diagnostic substance or technique; dentistry; complementary and alternative therapies to be defined by rule pursuant to Section 698.7 of Title 59 of the Oklahoma Statutes; testing for pregnancy or correcting sterility or enhancing fertility; or rendering advice or recommendation with regard to any of the above.

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

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Oregon

Last updated 12/20/2023

Board of Occupational Therapy

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

Board of Occupational Therapy

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

Board of Physical Therapy

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

Board of Chiropractic Examiners

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

Board of Optometry

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

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

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

Oregon Medical Board, Telemedicine

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

 

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Pennsylvania

Last updated 01/22/2024

Does the Department of State allow licensed professionals to practice

Does the Department of State allow licensed professionals to practice telemedicine in Pennsylvania?

Regarding licensed healthcare practitioners and the use of telemedicine, there is currently no statute in Pennsylvania that explicitly authorizes its use, nor one that explicitly prohibits it. This was true even before the pandemic. The purpose of the telemedicine waiver issued by the Department of State at the beginning of the COVID-19 disaster declaration was to address significant confusion and make it clear that licensees under the Department’s Bureau of Professional and Occupational Affairs (BPOA) health-licensing boards can provide services within their existing scopes of practice via telemedicine when appropriate, provided it is done according to accepted standards of care.

While providing telemedicine is permissible from a professional licensing standpoint, it is important to note that there may be additional issues to consider − such as the type of insurance coverage, insurance reimbursement policies, medical appropriateness, and the intersection of telemedicine services with existing facility licensing requirements that must be met by hospitals or other licensed health care facilities.

These additional considerations are not within the purview of the Department of State.  Rather, such issues fall within the jurisdiction of other federal and state agencies, such as the United States Department of Health and Human Services (HHS), the Centers for Medicare and Medicaid Services (CMS), the Pennsylvania Department of Human Services (DHS), the Pennsylvania Insurance Department, the Pennsylvania Department of Drug and Alcohol Programs (DDAP), and the Pennsylvania Department of Health (DOH).

SOURCE: PA Dept. of State, Professional Licensing, Telemedicine FAQs. (Accessed Jan. 2024).

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Puerto Rico

Last updated 12/18/2023

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 Dec. 2023).

Practice Requirements (Accessed Dec 2023).

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

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

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Rhode Island

Last updated 02/01/2024

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 Feb. 2024).

RI Department of Health, Board of Medical Licensure and Discipline has Guidelines for the Appropriate Use of Telemedicine and the Internet in Medical Practice to follow.

SOURCE: Rhode Island Board of Medical Licensure and Discipline, Guidelines for the Appropriate Use of Telemedicine and the Internet in Medical Practice, (Accessed Feb. 2024).

Speech Language Pathologists

Telepractice requirements for speech language patholoigsts are contained in statute.

SOURCE:  RI Statute 5-48.2-3 to 11, (Accessed Feb. 2024).

See Misc. section for virtual eye assessment requirements.

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South Carolina

Last updated 02/08/2024

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. 2024).

South Carolina Board of Physical Therapy Examiners*

SOURCE: Advisory Opinion On The Use Of Telehealth, Oct. 28, 2020. (Accessed Feb. 2024).

South Carolina Board of Occupational Therapy*

SOURCE: Advisory Opinion On The Use Of Telehealth, June 12, 2020 (Accessed Feb. 2024).

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

SOURCE: Policy Regarding Telepractice, 2022. (Accessed Feb. 2024).

 

* 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 12/21/2023

Any person who is licensed pursuant to this chapter may

Any person who is licensed pursuant to this chapter may provide speech-language pathology services via telehealth. Services delivered via telehealth must be equivalent to the quality of services delivered face-to-face.

For the purposes of this section, the term, telehealth, has the meaning provided in § 34-52-1.

SOURCE: SD Codified Laws Sec. 36-37-7, (Accessed Dec. 2023).

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Tennessee

Last updated 08/30/2023

Board of Medical Examiners

SOURCE: TN Rule Annotated, Rule 0880-02.

Board of Medical Examiners

SOURCE: TN Rule Annotated, Rule 0880-02. (Accessed Jan. 2024).

Board of Optometry

SOURCE: TN Rule Annotated, Rule 1045-02-.18 (AccessedJan. 2024).

Board of Speech Pathology and Audiology

SOURCE: TN Rule Annotated, Rule 1370-01-.21, (Accessed Jan. 2024).

Board of Dentistry

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

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 Jan. 2024).

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

Occupational therapy practice may occur in a variety of settings, including, but not limited to: .. Telehealth, telemedicine, or provider-based telemedicine, as authorized by § 63-1-155

SOURCE: TN Code Annotated 63-13-103, (Accessed Jan. 2024).

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Texas

Last updated 01/07/2024

TX Medical Board

SOURCE: TX Admin. Code, Title 22, Part

TX Medical Board

SOURCE: TX Admin. Code, Title 22, Part 9, Ch.174. (Accessed Jan. 2024).

TX Board of Speech Pathology and Audiology

SOURCE: TX Admin. Code, Title 16, Part 4, Ch. 11, Subchapter V, Sec. 111.210-212, (Accessed Jan. 2024).

TX Board of Occupational Therapy Examiners

SOURCE: TX Admin. Code, Title 40, Ch. 372.1. (Accessed Jan. 2024).

TX Board of Optometry

SOURCE: TX Admin. Code, Title 22, Sec. 279.16. (Accessed Jan. 2024).

TX Board of Physical Therapy

SOURCE:  TX Admin. Code, Title 22, Sec. 322.5. (Accessed Jan. 2024).

TX Board of Veterinary Medical Examiners

SOURCE:  TX Admin. Code, Title 22, Sec. 573.68. (Accessed Jan. 2024).

Behavioral Analysts Program

SOURCE: TX Admin Code, Title 16, Sec. 121.70. (Accessed Jan. 2024).

Dyslexia Therapy Program

SOURCE: TX Admin Code, Title 16, Sec. 121.71. (Accessed Jan. 2024).

Hearing Instrument Fitters and Dispensers

SOURCE: TX Admin. Code Title 16, Sec. 112.132, (Accessed Jan. 2024).

Board of Chiropractic Examiners

SOURCE: TX Admin Code Title 22. Sec. 75.10. (Accessed Jan. 2024).

State Board of Dental Examiners

SOURCE: TX Administrative Code Title 22, Part 5, Ch. 108, Rule 108.16. (Accessed Jan. 2024).

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.

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.

SOURCE: TX Occupations Code 111.004. (Accessed Jan. 2024).

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Utah

Last updated 11/29/2023

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 Nov. 2023).

A provider offering telehealth services shall at all times:

  • act within the scope of the provider’s license; and
  • be held to the same standards of practice as those applicable in traditional health care settings

If the provider does not already have a provider-patient relationship with the patient, establish a provider-patient relationship during the patient encounter in a manner consistent with the standards of practice, including providing the provider’s licensure and credentials to the patient;

Before providing treatment or prescribing a prescription drug, establish a diagnosis and identify underlying conditions and contraindications to a recommended treatment after:

  • obtaining from the patient or another provider the patient’s relevant clinical history; and
  • documenting the patient’s relevant clinical history and current symptoms;

Be available to a patient who receives telehealth services from the provider for subsequent care related to the initial telemedicine services, in accordance with community standards of practice.

Be familiar with available medical resources, including emergency resources near the originating site, in order to make appropriate patient referrals when medically indicated.

Make available to each patient receiving telehealth services the patient’s medical records; and

If the patient has a designated health care provider who is not the telemedicine provider:

  • Consult with the patient regarding whether to provide the patient’s designated health care provider a medical record or other report containing an explanation of the treatment provided to the patient and the telemedicine provider’s evaluation, analysis, or diagnosis of the patient’s condition;
  • Collect from the patient the contact information of the patient’s designated health care provider; and
  • Within two weeks after the day on which the telemedicine provider provides services to the patient, and to the extent allowed under HIPAA as that term is defined in Section 26-18-17, provide the medical record or report to the patient’s designated health care provider, unless the patient indicates that the patient does not want the telemedicine provider to send the medical record or report to the patient’s designated health care provider.

A provider offering telemedicine services may not diagnose a patient, provide treatment, or prescribe a prescription drug based solely on one of the following:

  • an online questionnaire;
  • an email message; or
  • a patient-generated medical history.

A provider may not offer telehealth services if:

  • the provider is not in compliance with applicable laws, rules, and regulations regarding the provider’s licensed practice; or
  • the provider’s license under Title 58, Occupations and Professions, is not active and in good standing.

SOURCE: UT Code, 26B-4-704. (Accessed Nov. 2023).

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Vermont

Last updated 12/05/2023

No Reference Found

No Reference Found

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Virgin Islands

Last updated 12/18/2023

No reference found.

No reference found.

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Virginia

Last updated 01/05/2024

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 Jan. 2024).

See guidance for details and statutory references.

SOURCE: Telemedicine Guidance. Doc. # 85-12. VA Board of Medicine. (Aug. 19, 2021). (Accessed Jan. 2024).

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Washington

Last updated 12/15/2023

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 Dec. 2023).

Physical Therapy Practice Board

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

Occupational Therapy Practice Board

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

Board of Optometry

SOURCE: Board of Optometry Appropriate Use of Telehealth (Dec. 2018). (Accessed Dec. 2023).

Examining Board of Psychology

SOURCE: Telepsychology Appropriate Use of Telemedicine (Jan. 2016). (Accessed Dec. 2023).

Nursing Care Quality Assurance Commission

SOURCE: Telehealth Advanced Practice Nursing Care Services (Mar. 2021). (Accessed Dec. 2023).

Board of Hearing and Speech

SOURCE: Telepractice (Nov. 2018). (Accessed Dec. 2023).

Board of Naturopathy Guideline

SOURCE: Appropriate Use of Telemedicine (Nov. 2017). (Accessed Dec. 2023).

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West Virginia

Last updated 02/16/2024

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. 2024).

Board of Physical Therapy

SOURCE: WV Admin Law Sec. 16-01 & 05 (Accessed Feb. 2024).

Board of Occupational Therapy

SOURCE: WV Admin. Law Sec. 13-09 (Accessed Feb. 2024).

Veterinarians

SOURCE: WV Statute Sec. 30-10-24. (Accessed Feb. 2024).

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

SOURCE: WV Admin Law 5-16 (Accessed Feb. 2024).

Board of Nursing (Final Rule, Expires Aug. 1, 2033)

SOURCE: WV Admin Law 19-16. (Accessed Feb. 2024).

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

SOURCE:WV Admin Law 24-10 (Accessed Feb. 2024).

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

SOURCE: WV Admin Law 25-1. (Accessed Feb. 2024).

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

SOURCE: WV Admin Law 11-15 (Accessed Feb. 2024).

Board of Examiners in Counseling (Emergency Rule, Expires Aug. 1, 2029)

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

Board of Optometry (Final Rule, Expires Aug. 1, 2028)

SOURCE: WV Admin Law 14-12 (Accessed Feb. 2024).

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. 2024).

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. 2024).

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Wisconsin

Last updated 01/11/2024

Medical Examining Board

SOURCE: WI Administrative Code, Med Ch. 24,

Wyoming

Last updated 01/31/2024

WY Board of Occupational Therapy

SOURCE: WY Admin Rules. Board

WY Board of Occupational Therapy

SOURCE: WY Admin Rules. Board of Occupational Therapy. Ch. 3, (Accessed Jan. 2024).

WY Board of Physical Therapy

SOURCE: WY Admin Rules. Board of Physical Therapy. Ch. 7, (Accessed Jan. 2024).

WY Board of Examiners of Speech-Language Pathology and Audiology

SOURCE: WY Admin Rules, Speech Language Pathology and Audiology, Ch. 13,  (Accessed Jan. 2024).

WY Board of Athletic Trainers

SOURCE: WY Admin Rules, Board of Athletic Trainers, Agency 065, Ch. 10, (Accessed Jan. 2024).

WY Board of Chiropractic Examiners

SOURCE: WY Admin Rules. Board of Chiropractic Examiners. Ch. 11 Sec. 2. (Accessed Jan. 2024).

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. 2024).

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