Trending in Telehealth highlights monthly state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care.
Trending in August:
- Telehealth expansion
- Teledentistry
- Veterinary telemedicine
- Mental and behavioral health
A CLOSER LOOK
Proposed Legislation & Rulemaking
- California was active in the telehealth space in August, proposing several bills covering areas such as Medi-Cal improvements, scope of practice for tele-veterinary services, and pilot programs:
- California’s Telehealth for All Act of 2025, AB 688, passed both chambers. The bill would enhance the use of telehealth services within the Medi-Cal program by requiring analyses and reporting on telehealth utilization and access every two years.
- California AB 1502 passed one chamber and would clarify scope of practice, recordkeeping, and supervision requirements for veterinarians using telemedicine.
- California SB 775 passed one chamber and would extend certain operations of the Board of Psychology and the Board of Behavioral Sciences to January 1, 2030. It would extend a provision that includes contact via two-way, real-time videoconferencing in the definition of “face-to-face contact” for the purpose of direct supervisor contact. This provision was previously set to expire on January 1, 2026.
- California SB 669 passed one chamber and would establish a five-year pilot for rural hospitals more than 60 minutes away from full maternity services to offer standby perinatal care starting in 2025. Participating hospitals would have to meet specific requirements, including having telemedicine policies for real-time perinatal and neonatal consultations.
- California SB 660 passed one chamber and would expand oversight of the California Health and Human Services Data Exchange Framework by the Department of Health Care Access and Information. The bill would mandate the establishment of a data sharing system among healthcare entities and government agencies by January 1, 2026, to enhance health information exchange. A new CalHHS Data Exchange Board, consisting of 14 members, would be created to ensure compliance with the data sharing framework. The bill also seeks to designate qualified health information organizations as intermediaries.
- California SB 338 passed one chamber and aims to establish a pilot program to expand access to health services for farmworkers in rural areas through virtual health hubs. These hubs, featuring essential telemedicine infrastructure such as Wi-Fi and exam rooms, would be funded by grants to community-based organizations with a history of serving medically underserved communities. The program would specifically target Latino farmworker communities to address issues such as diabetes, high blood pressure, and access to healthcare, which are exacerbated by factors such as language barriers and low-income levels. Implementation would depend on grant recipients fulfilling financial criteria, and the program would be evaluated via a report submitted to the legislature based on data collected from the health hubs.
- California AB 341 passed one chamber and would require the Department of Developmental Services to contract with a public California dental school by July 1, 2027, to lead a program improving dental care for individuals with developmental and intellectual disabilities by reducing or eliminating the need for dental treatment using sedation and general anesthesia. As part of the program, participating schools would be required to have experience using teledentistry-supported systems to provide real-time perinatal and neonatal consultations.
- Oregon’s Medicaid Division proposed new administrative rules for certified community behavioral health clinics (CCBHCs), including defining when covered services provided via telehealth may qualify as encounters. Notably, telehealth covered services provided by a CCBHC or designated collaborating organization would potentially qualify as encounters if the services met federal and state telehealth standards and were documented appropriately. The CCBHC would be required to include services delivered via telehealth within the bundled daily rate; these would not be separately billable.
- Nevada proposed a rule related to teledentistry. The legislation would set detailed requirements for dental care provided via teledentistry, including prescribing conditions, collaboration protocols, and supervision procedures.
- Maine’s Board of Licensure in Medicine proposed amendments to physician regulations, including a definition of the term “telehealth.” Currently, there is no publicly available information specifying the proposed definition for “telehealth.”
- Washington proposed two rules this month:
- The Department of Health proposed amendments for “In-Home Services” under WAC 246-335-510 and 246-335-610 to update the required frequency of in-person or real-time audio and video virtual appointments for individuals who use audio-only telemedicine services. The update would require in-person or real-time audio and video virtual appointments every three years instead of every two years.
- The Health Care Authority proposed new regulations applicable to a medical respite program. The program would be required to provide coordination so clients could access equipment for telehealth services.
- Maryland’s secretary of health proposed a rule that would limit the authority of an advanced practice registered nurse (APRN) to delegate nursing or other technical tasks to an assistant. The proposed rule includes definitions and allowances for telehealth interactions. It would require an APRN supervising an assistant during a telehealth visit to be immediately accessible via secure telecommunications technology for synchronous interactions. For asynchronous telehealth interactions, the APRN would be required to review the assistant’s work and engage with the assistant prior to any communication with the patient.
- Florida proposed two rules this month:
- The Department of Children and Families proposed a rule incorporating updated federal regulatory requirements for methadone medication-assisted treatment programs, including the requirement that the initial assessment for such treatment be conducted in accordance with 42 CFR 8.12(f)(2), which provides when a screening may be completed via telehealth.
- The Department of Health/Board of Speech-Language Pathology and Audiology issued a notice of development of rulemaking to update disciplinary guidelines regarding patient overpayments and refunds to include telehealth registrants. The new rule would go into effect on January 1, 2026.
Finalized Legislation & Rulemaking Activity
- Illinois enacted three laws this month:
- SB 2492 amends the Regulatory Sunset Act by delaying the Illinois Dental Practice Act’s expiration to January 1, 2031. SB 2492 includes revisions to definitions, licensing requirements, and operational procedures for dentists and dental hygienists; establishes teledentistry regulations; and clarifies the roles of dental responders during emergencies.
- SB 2153 authorizes initial physical therapy evaluations without a referral or an established diagnosis to be performed by a licensed physical therapist via telehealth when the physical therapist determines that an in-person examination is not required. For more information on this law, please see our On the Subject.
- HB 3709 provides that, beginning with the 2025 – 2026 school year, public institutions of higher education with student health services must provide enrolled students with access to healthcare professionals authorized under state law to prescribe contraception, including through telehealth.
- Louisiana HB 137 became effective on August 1, 2025. This legislation amends existing law to permit psychologists to evaluate patients via telehealth for the purpose of issuing emergency certificates. Such evaluations can take place when a person is suspected of having a mental illness or substance-related disorder and requires immediate care. A licensed healthcare professional must be present during the video conference to assist in obtaining necessary information.
- On August 8, 2025, the Washington Veterinary Board of Governors amended the WAC 246-933-010 definitions by adding relevant terms related to telehealth in veterinary services. The board also amended WAC 246-933-200 to clarify the regulatory requirements for establishing and maintaining a veterinary-client-patient relationship (VCPR) and specify allowances for the use of telehealth. The amended language provides that once a VCPR has been established, it extends to all veterinarians who are employed or practicing at the same premises or same mobile practice entity as the veterinarian who established the most current VCPR. The VCPR cannot be extended to other veterinarians based solely on accessibility of medical records. This final rule became effective August 8, 2025.
- New Hampshire enacted HB 701, which enables a healthcare provider to conduct a telehealth prescreening for terminally ill patients located in any state or jurisdiction to access investigational drugs.
- New Hampshire SB 252 became effective on August 23, 2025, and modifies the requirements for the use of telemedicine to prescribe nonopioids and opioids classified in schedules II through IV, and for the issuing of prescriptions for spectacle lenses or contact lenses.
Compact Activity
- Wisconsin enacted legislation to join the Dietitian Licensure Compact in AB 45. The legislation facilitates interstate practice of dietetics through a compact between states, enabling dietitians who meet specified criteria to practice across member states without needing multiple licenses. The legislation provides for the provision of nutrition care services in person or via telehealth.
- Delaware enacted legislation to join the Social Work Licensure Compact in SB 109. This legislation facilitates interstate practice of regulated social workers by improving public access to competent social work services and allowing the use of telehealth to facilitate this access.
Why it matters:
- Telehealth is being normalized across specialized care settings and across state borders. Illinois and Louisiana passed laws expanding telehealth use in physical therapy evaluations and emergency mental health assessments, respectively. These changes reflect growing trust in telehealth for high-stakes and specialized services, which could drive demand for platforms that support secure and compliant virtual care. New Hampshire’s HB 701 and SB 252 further ease telehealth-based prescribing restrictions, reinforcing the trend toward more flexible care delivery across state lines.
- States are refining provider oversight and infrastructure to support long-term telehealth growth. California’s SB 660 and SB 775 focus on data exchange frameworks and supervision standards while Nevada and Washington are seeking to update definitions and protocols for teledentistry and veterinary telehealth. This proposed legislation suggests that states are expanding telehealth access and building the necessary regulatory and technological foundation to support telehealth services.
Telehealth is an important development in care delivery, but the regulatory patchwork is complicated. The McDermott Digital Health team works alongside the industry’s leading providers, payors, and technology innovators to help them enter new markets, break down barriers to delivering accessible care, and mitigate enforcement risk through proactive compliance.
