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 February:
- Teledentistry
- License compacts
A CLOSER LOOK
Proposed legislation & rulemaking:
- The first chamber of the South Carolina legislature passed S. 453, which would set outdetailed practice standards for teledentistry, including a “bona fide relationship” framework, emergency-related procedures, and informed consent requirements. The bill clarifies that a bona fide relationship between a patient and a licensee only exists if the licensee has reviewed the patient’s relevant history, medical records, and diagnostic records; has performed an appropriate in-person physical examination of the patient; and has a reasonable expectation that the licensee will provide in-person follow-up care and treatment to the patient on a regular basis.
- In Mississippi, the first chamber passed HB 1152, which would permit the use of telemedicine for medical cannabis certification.
- Both chambers of the Tennessee legislature passed SB 2118 to prohibit TennCare from covering or reimbursing any medical procedures performed to help an individual identify with or live as a gender that differs from their biological sex assigned at birth. The term “procedures” includes those performed or administered via telehealth.
- Both chambers of the New Mexico legislature passed HB 306, which seeks to eliminate facility fees for certain outpatient preventive healthcare, vaccination, and telehealth services, except in rural areas. The bill defines “facility fee” as a fee charged or billed by a hospital or health system for outpatient hospital services that is intended to compensate the health system or hospital for operational expenses. A facility fee is separate and distinct from a professional fee charged or billed by a hospital or health system for professional medical services.
- In Virginia, both chambers passed SB 813 to establish the Sickle Cell Coordinated Access Network. This network, in collaboration with the Virginia Commonwealth University Health System Authority, focuses on telehealth consultations with sickle cell specialists for guidance on pain management, treatment protocols, and care coordination.
- Virginia’s first chamber also passed SB 555, mandating that all nursing homes conduct monthly medical visits for each resident. Two visits per year must be in person with a physician, while the rest can occur via telehealth.
- In Florida, both chambers passed HB 89, requiring veterinarians to inform clients of their right to receive a written prescription before dispensing medication. If the visit is conducted via telehealth, clients must be informed electronically.
Finalized legislation & rulemaking:
- The Washington State Health Care Authority issued emergency rules regarding the Apple Health Expansion Program for immigrants. The rules clarify that the requirements for the authorized use of telemedicine and store-and-forward technology are applicable to program benefits, including those administered by the health plan.
- Washington’s Health Care Authority also issued a final rule requiring the state’s Medicaid program to cover designated maternal support services provided in person or through telemedicine. These services include screenings for risk factors related to pregnancy and birth outcomes, education that aims to improve pregnancy and parenting outcomes, and case management services.
- Virginia’s Board of Dentistry issued a final rule amending several teledentistry definitionsand requirements for digital scan technicians. The rule clarifies that the definition of “remote supervision” as applied to digital scan technicians requires a directing dentist to be both accessible and available for communication and consultation in the practice of teledentistry.
- The Wisconsin Department of Health Services issued a final rule establishing telehealth requirements for crisis urgent care and observation facilities. The rule requires each such facility to implement written policies and procedures related to telehealth, artificial intelligence, and consultation via electronic communication, including the client’s right to decline such services.
- New Mexico’s Physical Therapy Board issued a final rule clarifying that the New Mexico Telehealth Act does not alter the scope of practice of any healthcare provider or authorize the delivery of healthcare services in a setting or manner not otherwise authorized by law. The rule also provides that the act does not alter the supervision requirements set forth by a healthcare provider’s applicable licensing board, and that a healthcare provider mustprovide telehealth services under the same level of supervision as required for in-person practice.
- Alaska’s Department of Commerce, Community, and Economic Development passed a final rule that moves the telemedicine business registry provisions from the centralized professional licensing regulations to the business license regulations, and combines the application for general business licenses and the telemedicine business registration. The rule requires businesses performing telemedicine services to register with the telemedicine business register before providing services to recipients located in the state.
Compact activity:
- The following states introduced bills to enact licensure compacts:
- Dietitian Licensure Compact: West Virginia, Missouri, South Carolina.
- Occupational Therapy Licensure Compact: Pennsylvania, New Mexico.
- Social Work Licensure Compact: Pennsylvania, Alaska, West Virginia, Florida.
- Audiology and Speech-Language Compact: Pennsylvania, Kansas.
- Counseling Compact: Pennsylvania, New Mexico.
Why it matters:
- The increasing specificity of teledentistry legislation and rulemaking reflects states’ recognition of teledentistry as a permanent component of dental care delivery, rather than an experimental or temporary model. Clarified definitions and requirements will allow virtual platforms and dentists to scale services with greater confidence and design compliant workflows.
- Licensure compacts continue to gain momentum as states prioritize cross-state practice and workforce mobility.
Telehealth is an important development in care delivery, but the regulatory patchwork is complicated. The McDermott Will & Schulte 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.
