State Specific Issues

The practice of medicine has become progressively more complex in the last decade as increasing regulation and payer restrictions/policies have encroached on the physician patient relationship. Nowhere is this more clear than at the cutting edge application of technology and healthcare delivery. Telemedicine is no different. Within each state there may be multiple hurdles to overcome, boards to interact with, specific technology requirements, and payer specific requirements. It is advisable that all of these bodies be consulted prior to beginning the practice of telemedicine in order to ensure proper care, fair reimbursement, avoidance of unforeseen medicolegal issues, and to provide best care for our patients. Please refer to the section titled Providing Care Across State Lines for more details.

Specific State Resources
Many states have a state medical board and a state board of pharmacy and approval or licensure from both may be required. The Federation of State Medical Boards has a comprehensive list of known requirements by state statutes and is a good place to begin. FSMB also has a "Model Policy For The Appropriate Use of Telemedicine Technologies in The Practice of Medicine" on the website. Do not forget CMS also has specific definitions and requirements for the use of telemedicine which can be found at www.cms.gov and www.cms.gov/Outreach-and-Education/Medicare-Learning-Network-MLN/MLNProducts/downloads/TelehealthSrvcsfctsht.pdf.

As not all states have a separate state pharmacy board involved in regulation of prescription writing it is advisable for you to seek out your individual state requirements by contacting these boards in your state.

Some states have also adopted a separate license for the practice of telemedicine. It is also notable that the laws and regulations regarding practice of telemedicine are evolving rapidly. Many excellent infographics and information/requirement summaries can be obtained at the Center for Connected Health Policy.

These links are for research only. They are not endorsed by the American Academy of Allergy, Asthma & Immunology (AAAAI).

12/7/2023