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.

Click the map to scroll down to the state

Federal

Last updated 01/19/2022

No reference found.

No reference found.

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Alabama

Last updated 12/06/2021

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 Dec. 2021.)

AL Board of Nursing

SOURCE: AL Admin Code 610-X-6-.16. (Accessed Dec. 2021.)

AL Board of Social Work

SOURCE: AL Admin Code 850-x-2-.04. (Accessed Dec. 2021.)

AL Board of Speech-Language Pathology and Audiology

SOURCE: AL Admin Code 870-X-7-.01-05 (Accessed Dec. 2021)

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 Dec. 2021).

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Alaska

Last updated 12/09/2021

Medical Board

SOURCE: AK Admin. Code, Title 12, Sec. 40.943 (Accessed Dec. 2021).

Audiology & Speech-Language Pathology

SOURCE: AK Admin. Code, Title 12, Sec. 07.020.(Accessed Dec. 2021).

Physical therapists and occupational therapy

SOURCE: AK Admin Code Title 12, Sec. 54. 530 & 825 (Accessed Dec. 2021).

Nursing

SOURCE: AK Admin Code Title 12, 44.925 (Accessed Dec. 2021).

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Arizona

Last updated 11/23/2021

Board of Psychologist Examiners

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

Board of Psychologist Examiners

SOURCE: AZ Reg. Sec. R4-26-109. (Accessed  Nov. 2021).

Board of Behavioral Health Examiners

SOURCE: AZ Reg. Sec. R4-6-1106. (Accessed Nov. 2021).

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 Nov. 2021).

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Arkansas

Last updated 12/10/2021

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

For all medical professionals, see the ‘Appropriate Use of Telemedicine’ standards in statute.

SOURCE:  AR Code 17-80-404, (Accessed Dec. 2021).

AR Board of Examiners in Speech-Language Pathology and Audiology

SOURCE: Rules and Regulations Board of Examiners in Speech-Language Pathology and Audiology, Sec. 12). (Accessed Dec. 2021). 

AR Board of Physical Therapy

SOURCE: Rule 007.36.20. (Accessed Dec. 2021). 

AR Board of Nursing: Advanced Practice Registered Nurse

SOURCE: Rule 67.00.17-005, Sec 14. (Accessed Dec. 2021).

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California

Last updated 01/17/2022

CA Board of Occupational Therapy

SOURCE: Title 16, Div. 39,

CA Board of Occupational Therapy

SOURCE: Title 16, Div. 39, Sec. 4172 (Accessed Aug. 2021).

CA Board of Behavioral Sciences

SOURCE: Title 16, Div. 18, Art. 1, Sec. 1815.5 (Accessed Aug. 2021).

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 Aug. 2021.

CA Board of Psychology

SOURCE: Title 16, Div. 13.1, Art. 8, Sec. 1396.8 (Accessed Jan. 2022)

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Colorado

Last updated 01/10/2022

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. 10, 2022).

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. 10, 2022).

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Connecticut

Last updated 10/27/2021

No Reference Found

No Reference Found

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Delaware

Last updated 11/18/2021

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.

Exceptions:

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

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

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

SOURCE: DE Statute Title 24, Chap. 60, Sec. 6002 & 6004. As amended by HB 160 (2021 Session) (Accessed Nov. 2021)

Physical Therapists and Athletic Trainers

SOURCE: DE Statute Title 24, Sec. 2602 (Accessed Nov. 2021).

Board of Clinical Social Work Examiners

SOURCE: 24 DAC 3920. (Accessed Nov. 2021).

Board of Dentistry and Dental Hygiene

SOURCE: 24 DAC 1100 (Accessed Nov. 2021).

Pharmacy

SOURCE: 24 DAC 2500 (Accessed Nov. 2021).

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District of Columbia

Last updated 10/29/2021

Department of Health (applies to the Board of Medicine)

SOURCE: …

Department of Health (applies to the Board of Medicine)

SOURCE: DCMR Title 17, Ch. 46 Sec. 4618 (Accessed Oct. 2021).

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Florida

Last updated 12/15/2021

No Reference Found

No Reference Found

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Georgia

Last updated 11/30/2021

GA Composite Medical Board

SOURCE:  GA Rules & Regulations Sec.

GA Composite Medical Board

SOURCE:  GA Rules & Regulations Sec. 360-3-.07 (Accessed Nov. 2021).

GA Composite Medical Board – Requirements for Telemedicine Licensure

SOURCE:  GA Rules & Regulations Sec. 360-2-.17 (Accessed Nov. 2021).

GA Board of Physical Therapy

SOURCE: GA Rules & Regulations Sec. 490-9-.06 (Accessed Nov. 2021).

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Hawaii

Last updated 12/02/2021

No Reference Found

No Reference Found

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Idaho

Last updated 10/04/2021

ID Board of Dentistry

SOURCE: IDAPA 24.31.01 (Accessed Oct. 2021).

ID Board of Dentistry

SOURCE: IDAPA 24.31.01 (Accessed Oct. 2021).

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 Oct. 2021)

ID Board of Psychologist Examiners

SOURCE: IDAPA 24.12.01 (Accessed Aug. 2021). (Accessed Oct. 2021)

Idaho State Board Of Medicine

SOURCE: IDAPA -24.33.03, (Accessed Oct. 2021)

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Illinois

Last updated 11/09/2021

No Reference Found

No Reference Found

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Indiana

Last updated 12/03/2021

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 (Accessed Dec. 2021).

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. 2021).

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Iowa

Last updated 10/13/2021

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 Oct. 2021).  

IA Board of Medicine

SOURCE: IA Admin Code Sec. 653.13.11 (Accessed Oct. 2021).

IA Board of Physical and Occupational Therapists

SOURCE: IA Admin Code Sec. 645-201.3 & 645-208.3. (Accessed Oct. 2021).

IA Board of Dietetics

SOURCE:  Iowa Administrative Code Section 645.81.17. (Accessed Oct. 2021)

Education Department Standards

SOURCE: Senate File 2261 (2020 Session) & IA Admin Code 281.14.23, (Accessed Oct. 2021).

Board of Psychology

SOURCE: Iowa Admin Code, Sec. 645-243.7, (Accessed Oct. 2021).

Board of Physician Assistants

SOURCE: Iowa Admin Code, Sec. 645-327.9, (Accessed Oct. 2021).

Board of Speech Pathology and Audiology

SOURCE: Iowa Admin Code, Sec. 645-301.1, (Accessed Oct. 2021).

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Kansas

Last updated 08/30/2021

No Reference Found

No Reference Found

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Kentucky

Last updated 09/15/2021

Speech Language Pathology and Audiology

SOURCE: Title 201, Ch. 17,

Speech Language Pathology and Audiology

SOURCE: Title 201, Ch. 17, Sec. 110. (Accessed Sept. 2021).

Board of Optometric Examiners

SOURCE: Title 201, Ch. 5, Sec. 055. (Accessed Sept. 2021).

Board of Dentistry Examiners

SOURCE: Title 201, Ch. 8, Sec. 590. (Accessed Sept. 2021).

Physical Therapy

SOURCE: Title 201, Ch. 22, Sec. 160. (Accessed Sept. 2021).

Dietitians and Nutritionists

SOURCE: Title 201, Ch. 33, Sec. 070. (Accessed Sept.2021).

Applied Behavior Analysis

SOURCE: Title 201, Ch. 43, Sec. 100. (Accessed Sept. 2021).

Nursing Board

SOURCE: Title 201, Ch. 20, Sec. 520. (Accessed Sept. 2021).

Board of Psychology

SOURCE: Title 201, Ch. 26, Sec. 310. (Accessed Sept. 2021).

Occupational Therapy

SOURCE: Title 201, Ch. 28, Sec. 235. (Accessed Sept. 2021).

Marriage and Family Therapists

SOURCE: Title 201, Ch. 32, Sec. 110. (Accessed Sept. 2021).

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; and

Rules 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 Sept. 2021).

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 11/16/2021

Louisiana Medical Board

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

Louisiana Medical Board

SOUCE: LA Admin. Code 46: XLV.75 p. 225 (Accessed Nov. 2021).

Speech Language Pathology and Audiology

SOUCE: LA Admin. Code 46: LXXV.135. p. 18 (Accessed Nov. 2021).

Licensed Professional Counselors

SOUCE: LA Admin. Code 46: LX.505., p. 558-559 (Accessed Nov. 2021).

Physical Therapy Board

SOUCE: LA Admin. Code 46: LIV.319. p. 28-29 (Accessed Nov. 2021).

Registered Dietitians/Nutritionists

SOUCE: LA Admin. Code 46: LXIX.101. p. 4-5 (Accessed Nov. 2021).

Board of Dentistry

SOURCE: LA Admin. Code LAC 46:XXXIII.203 p. 12 (Accessed Nov. 2021)

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) & SB 93 Act 92, p. 1-2 (Accessed Nov. 2021).

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Maine

Last updated 08/06/2021

Board of Licensure in Medicine

SOURCE: ME Regulation Sec. 02-373-6

Board of Licensure in Medicine

SOURCE: ME Regulation Sec. 02-373-6 (Accessed Dec. 2021). 

Board of Osteopathic Licensure

SOURCE: ME Regulation 02-383-6 (Accessed Dec. 2021).

Office Based Treatment of Opioid Use Disorder

SOURCE: ME Regulation, 02, Ch. 12, Section 6, (Accessed Dec. 2021).

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, Sec. 69, Sec. 566, Sec. 1533, Sec. 2266, Sec. 2287, Sec. 2447, Sec. 2448, Sec. 2600, Sec. 3120, Sec. 3300, Sec. 3661, Sec. 3841, Sec. 4879, Sec. 6231, Sec. 7071, Sec. 9714, Sec. 9863, Sec. 9916, Sec. 12611, Sec. 13848, Sec. 13868, Sec. 14363, Sec. 17401 as amended by LD 791 (2021 Session), (Accessed Dec. 2021).

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 Dec. 2021).

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Maryland

Last updated 08/31/2021

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 Aug. 2021).

Board of Physicians

SOURCE: Code of Maryland Admin. Regs. Sec. 10.32.05 (Accessed Aug. 2021).

Board of Examiners of Psychologists

SOURCE: Code of Maryland Admin. Regs. Sec. 10.36.10.02 (Accessed Aug. 2021).

Board of Nursing

SOURCE: Code of Maryland Admin. Regs. Sec. 10.27.17 (Accessed Aug. 2021).

Board of Professional Counselors and Therapists

SOURCE: Code of Maryland Admin Regs, Sec. 10.58.06 (Accessed Aug. 2021). 

 Board of Social Work

SOURCE: Code of Maryland Admin. Regs. Sec. 10.42.10) (Accessed Aug. 2021).

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Massachusetts

Last updated 09/01/2021

No Reference Found

No Reference Found

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Michigan

Last updated 09/02/2021

Michigan Board of Podiatric Medicine and Surgery

SOURCE: MI Admin.

Michigan Board of Podiatric Medicine and Surgery

SOURCE: MI Admin. Code Sec. 338.8145. (Accessed Sept. 2021).

Michigan Board of Social Work

SOURCE: MI Admin Code 338.2930, (Accessed Sept. 2021).

Michigan Board of Acupuncture

SOURCE: MI Admin Code 338.13003, (Accessed Sept. 2021).

Michigan Board of Massage Therapy

SOURCE: MI Admin Code 338.702, (Accessed Sept. 2021).

Michigan Board of Veterinary Medicine

SOURCE: MI Admin Code 338.4901a, (Accessed Sept. 2021).

Michigan Board of Genetic Counseling

SOURCE: MI Admin Code 338.2455, (Accessed Sept. 2021).

Michigan Board of Athletic Trainers

SOURCE: MI Admin Code 338.1301, (Accessed Sept. 2021).

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Minnesota

Last updated 09/14/2021

No Reference Found

No Reference Found

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Mississippi

Last updated 01/14/2022

Board of Medicine – Emergency Temporary Regulations

SOURCE: Title 30,

Board of Medicine – Emergency Temporary Regulations

SOURCE: Title 30, Part 2635, Rule 5. (Accessed Jan. 2022).

Board of Pharmacy – Telepharmacy

SOURCE: Title 30, Part 3001, Article XLVIII, (Accessed Jan. 2022)

Board of Examiners of Licensed Professional Counselors

SOURCE: Title 30, Part 2201, Ch. 1, Rule 7.5, (Accessed Jan. 2022)

Board of Optometry – Emergency Temporary Regulations

SOURCE: Title 30 Part 2901 Chapters 1-11.1, (Accessed Jan. 2022).

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 Jan. 2022).

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Missouri

Last updated 01/11/2022

No Reference Found

No Reference Found

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Montana

Last updated 11/18/2021

MT Board of Speech-Language Pathology

SOURCE: MT Admin Rules, Sec.

MT Board of Speech-Language Pathology

SOURCE: MT Admin Rules, Sec. 24.222.9 (Accessed Nov. 2021).

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: Senate Bill 357 (2021 Session), (Accessed Nov. 2021)

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: Senate Bill 357 (2021 Session), (Accessed Nov. 2021)

 

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Nebraska

Last updated 12/21/2021

No Reference Found

No Reference Found

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Nevada

Last updated 01/03/2022

Board of Nursing (Telenursing)

SOURCE: NV Admin. Code Sec. 632.249.

Board of Nursing (Telenursing)

SOURCE: NV Admin. Code Sec. 632.249. (Accessed Jan. 2022).

Board of Pharmacy (Telepharmacy)

SOURCE: NV Admin Code Sec. 639.391-.399. (Accessed Jan. 2022).

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 Jan 2022).

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

SOURCE: NV Revised Statutes Sec. 639.0727. (Accessed Jan. 2022).

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

SOURCE: NV Revised Statutes Sec. 637B.244. (Accessed Jan. 2022).

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New Hampshire

Last updated 01/01/2022

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:

  • Hearing Care Providers
  • Podiatrists
  • Chiropractic Examiners
  • Midwifery
  • Optometry
  • Naturopathic Medicine
  • Allied Health professionals
  • Acupuncture
  • Psychologists

SOURCE: NH Revised Statutes 315:6a , NH Revised Statutes 316-A:15-a, NH Revised Statutes 330-A:15-b, NH Revised Statutes 329-B:16, NH Revised Statutes 327-A:12-a, NH Revised Statutes 326-D:12-a, NH Revised Statutes Annotated 318:16-e , NH Revised Statutes Annotated, 317-A:7-B. NH Revised Statutes 330-C:14-a (Accessed Jan. 2022),

 

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 Jan. 2022).

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New Jersey

Last updated 01/03/2022

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 Jan. 2022).

Board of Marriage and Family Therapy Examiners

SOURCE: NJ Administrative Code 13:34-6A & 13:34-32.  (Accessed Dec. 2021).

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

SOURCE: NJ Administrative Code 13:34D-8.  (Accessed Jan. 2022).

Genetic Counseling

SOURCE: NJ Administrative Code 13:35-14.19 through 13:35-14.26.  (Accessed Jan. 2022).

Acupuncture Examining Board

SOURCE: NJ Administrative Code 13:35-9.21 through 9.28.  (Accessed Jan. 2022).

Board of Nursing

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

Audiology and Speech Language Pathology

SOURCE: NJ Administrative Code  13:44C-11.  (Accessed Jan. 2022).

Board of Physical Therapy

SOURCE: NJ Administrative Code 13.39A-10.  (Accessed Jan. 2022).

Board of Psychological Examiners

SOURCE: NJ Administrative Code 13:42-13.  (Accessed Dec. 2021).

Board of Social Work

SOURCE: NJ Administrative Code 13:44G-15.  (Accessed Jan. 2022).

Board of Medical Examiners

SOURCE: NJ Administrative Code 13:35-8, 13:35-6B, 13:35-2B.3(c), 13:35-2C, 13:35-2A & 13:35-12A. (Accessed Dec. 2021).

Board of Respiratory Care

SOURCE: NJ Administrative Code 13:44F-11. (Accessed Jan. 2022).

Board of Veterinary Medical Examiners

SOURCE: NJ Administrative Code 13:44-4A. (Accessed Jan. 2022). 

Registration Standards for Telemedicine and Telehealth Organizations

SOURCE: NJ Administrative Code 8:53-1. (Accessed Jan. 2022).

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New Mexico

Last updated 12/16/2021

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

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

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

SOURCE: NM Administrative Code 16.26.2.20. (Accessed Dec. 2021).

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New York

Last updated 11/19/2021

Profession-Specific Telepractice Guidance is available for:

  • Applied Behavior Analysis
  • Audiology

North Carolina

Last updated 12/02/2021

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. 2021).

See statute for ‘practice of teledentistry’ requirements.

SOURCE: NC Statute Sec. 90-30.2 & S 146 (2021 Session), (Accessed Dec. 2021).

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. 2021).

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North Dakota

Last updated 11/05/2021

North Dakota statute outlines standard of care and professional ethics …

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

SOURCE: House Bill 1151 (2021 Session) & ND Century Code Ch. 43-28-11.3 (Accessed Nov. 2021).

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

SOURCE: Senate Bill 2187 (2021 Session) & ND Century Code Ch. 43-44-19 (Accessed Nov. 2021).

Dentistry

Each patient shall have access to health provider information as it pertains to their treating doctor or potential doctors. Any entity, utilizing telehealth must provide upon request of a patient the name of the dentist, telephone number, practice address, and state license number of any dentist who was involved with the provision of services to a patient before, prior to, or during the rendering of dental services.

SOURCE: ND Admin Code 20-01-02-09, p. 32 (Accessed Nov. 2021).

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Ohio

Last updated 11/23/2021

Counselor, Social Worker and Marriage and Family Therapist Board

SOURCE: …

Counselor, Social Worker and Marriage and Family Therapist Board

SOURCE: Admin Code 4757-5-13 – Accessed Nov. 2021.

State Board of Speech Language Pathology and Audiology

STATUS: OH Admin. Code 4753-2-01. Accessed Nov. 2021.

Ohio Vision Professionals Board

STATUS: OH Admin. Code 4725-25-01. (Accessed Nov. 2021).

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Oklahoma

Last updated 11/18/2021

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 Nov. 2021).

State Board of Examiners for Speech-Language Pathology and Audiology

SOURCE: OK Admin. Code Sec. 690:10-3-9. (Accessed Nov. 2021).

State Board of Occupational Therapy

SOURCE: OK Admin. Code Sec. 435:30-1-18. (Accessed Nov. 2021).

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 as amended by Senate Bill 408 (2021 Session), (Accessed Nov. 2021).

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

SOURCE: OK Statute Title 59, Sec. 887.2 as amended by Senate Bill 104 (2021 Session), Accessed Nov. 2021).

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Oregon

Last updated 06/30/2021

Board of Occupational Therapy

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

Board of Occupational Therapy

SOURCE: OR Admin. Code 339-010-0006. (Accessed Feb. 2021).

Board of Physical Therapy

SOURCE: OR Admin. Code 848-040-0180. (Accessed Feb. 2021).

Board of Chiropractic Examiners

SOURCE: OAR 811-015-0066. (Accessed Feb. 2021).

 

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Pennsylvania

Last updated 10/14/2021

No Reference Found

No Reference Found

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Rhode Island

Last updated 11/05/2021

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 as amended by SB 4 (2021 Session). (Accessed Nov. 2021)

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South Carolina

Last updated 11/03/2021

South Carolina Board of Examiners in Psychology*

SOURCE: Telehealth Statement,

South Carolina Board of Examiners in Psychology*

SOURCE: Telehealth Statement, March 11, 2019 (Accessed Nov. 2021)

South Carolina Board of Physical Therapy Examiners*

SOURCE: Advisory Opinion On The Use Of Telehealth, Oct. 28, 2020 (Accessed Nov. 2021)

South Carolina Board of Occupational Therapy*

SOURCE: Advisory Opinion On The Use Of Telehealth, June 12, 2020 (Accessed Nov. 2021)

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

SOURCE: Policy Regarding Telepractice, 2018 (Accessed Nov. 2021)

 

* 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 09/13/2021

No Reference Found

No Reference Found

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Tennessee

Last updated 11/05/2021

No Reference Found

No Reference Found

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Texas

Last updated 09/22/2021

TX Medical Board

SOURCE: TX Admin. Code, Title 22, Part

TX Medical Board

SOURCE: TX Admin. Code, Title 22, Part 9, Ch.174. (Accessed Sept. 2021).

TX Board of Speech Pathology and Audiology

SOURCE: TX Admin. Code, Title 16, Part 4, Ch. 11, Subchapter V, Sec. 111.210-216, (Accessed Sept. 2021).

TX Board of Occupational Therapy Examiners

SOURCE: TX Admin. Code, Title 40, Ch. 372.1. (Accessed Sept. 2021).

TX Board of Optometry

SOURCE: TX Admin. Code, Title 22, Sec. 279.16. (Accessed Sept. 2021).

TX Board of Physical Therapy

SOURCE:  TX Admin. Code, Title 22, Sec. 322.5. (Accessed Sept. 2021).

TX Board of Veterinary Medical Examiners

SOURCE:  TX Admin. Code, Title 22, Sec. 573.68. (Accessed Sept. 2021).

Behavioral Analysts Program

SOURCE: TX Admin Code, Title 16, Sec. 121.70. (Accessed Sept. 2021).

Dyslexia Therapy Program

SOURCE: TX Admin Code, Title 16, Sec. 121.71. (Accessed Sept. 2021).

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 Sept. 2021).

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Utah

Last updated 11/02/2021

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. 2021).

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Vermont

Last updated 11/01/2021

No Reference Found

No Reference Found

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Virginia

Last updated 09/20/2021

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 Sept. 2021).

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Washington

Last updated 11/19/2021

Physical Therapy Practice Board

SOURCE: WAC 246-915-187 (Accessed Nov. 2021).

Physical Therapy Practice Board

SOURCE: WAC 246-915-187 (Accessed Nov. 2021).

Occupational Therapy Practice Board

SOURCE: WAC 246-847-176 (Accessed Nov. 2021).

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West Virginia

Last updated 11/24/2021

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. 29-1-15, (Accessed Nov. 2021).

Board of Physical Therapy

SOURCE: WV Admin Law Sec. 16-01 & 05 (Accessed Nov. 2021).

Board of Occupational Therapy

SOURCE: WV Admin. Law Sec. 13-09, (Accessed Nov.  2021).

Emergency Rule (Expires Aug. 1, 2027): Board of Dentistry

SOURCE: WV Admin Law Sec. 5-16-4 (Accessed Nov. 2021).

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

SOURCE: WV Admin Law 19-16 (Accessed Nov. 2021).

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

SOURCE: WV Admin Law 24-10 (Accessed Nov. 2021).

Emergency Rule (Expires July 1, 2030): Board of Social Work

SOURCE: WV Admin Law 25-1 (Accessed Nov. 2021).

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

SOURCE: WV Admin Law 11-15 (Accessed Nov. 2021).

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 Nov. 2021).

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 Nov. 2021).

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Wisconsin

Last updated 09/07/2021

Medical Examining Board

SOURCE: MED Ch. 24, (Accessed Sept. 2021).

Medical Examining Board

SOURCE: MED Ch. 24, (Accessed Sept. 2021).

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Wyoming

Last updated 01/17/2022

WY Board of Chiropractic Examiners

SOURCE: WY Admin. Code, Chiropractic

Professional Requirements

Professional Boards Standards

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