Trending in Telehealth: May 2026

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 May:

• Teledentistry practice standards
• Establishment of provider-patient relationships through telehealth
• Veterinary telemedicine

A CLOSER LOOK

Proposed legislation and rulemaking:

• The Delaware Board of Veterinary Medicine proposed new requirements for the use of telemedicine in the practice of veterinary medicine. The regulation would require a veterinarian seeking to provide telemedicine services to hold a current and active Delaware license and to have an established veterinarian-client-patient relationship (VCPR). It would allow licensed Delaware or out-of-state veterinarians to provide telemedicine services for general advice, triage and emergency animal care in urgent instances, and provider-to-provider counseling. The regulation would require records of telemedicine care to be kept in accordance with the Delaware Veterinary Practice Act and would clarify that a person providing veterinary services by telemedicine is subject to the professional standard of care that would apply to the provision of the same services in an in-person setting.
• The West Virginia Board of Dentistry proposed to amend an existing rule on teledentistry to remove the definition of “established patient” and details regarding the establishment of such relationship that conflict with the statutory requirements set forth at W. Va. Code §§ 30-4-8b. The regulation would also permit store-and-forward technologies to be used in the performance of teledentistry and would require dentists who deliver teledentistry services to provide health records to the patient or a dentist on record upon patient request within 10 days.
• The Arkansas Psychology Board proposed amendments to its rules, including rules governing the practice of telepsychology, by adding “psychological practitioners” to the types of professionals to whom the standards apply.
• In Louisiana, SB 30 passed both houses and was sent to the governor. If enacted, it would prohibit the Louisiana State Board of Medical Examiners and the Louisiana State Board of Nursing from adopting or enforcing any rule or policy that would prohibit or restrict a licensed healthcare provider from using telehealth to evaluate, diagnose, or treat obesity or provide weight management services as long as the provider conducts a synchronous interaction with the patient and acts within the scope of his or her license and applicable standard of care.
• Also in Louisiana, SB 222 passed both houses and was sent to the governor. The legislation is part of a broader revision of Medicaid behavioral services in the state and would require the Louisiana Department of Health to submit to the Centers for Medicare & Medicaid Services (CMS) no later than October 1, 2026, any necessary state plan amendment, waiver, or other request to authorize reimbursement for psychosocial rehabilitation services delivered via telehealth and to notify the committees on health and welfare within 30 days of the submission to CMS. Notice to the committees would also be required within 30 days if CMS requests additional information or denies the submission.
• SB 3506 passed both houses in Illinois. If enacted, it would amend the Sexual Assault Survivors Emergency Treatment Act. Beginning on January 1, 2028, a treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility would be allowed to submit, in addition or as an addendum to its sexual assault treatment plan or an areawide sexual assault treatment plan, a plan for the use of a TeleSANE interactive telecommunications system, which allows a qualified medical provider to precept a medical forensic examination while located at a distant site.
• SB 3211, which concerns teledentistry, also passed both houses in Illinois. If enacted, it would allow the initial examination for new patients, excluding patients seeking orthodontic treatment, to be conducted through teledentistry if the authorizing dentist establishes a bona fide dentist-patient relationship by reviewing the patient’s medical and dental history and verifying both the patient’s identity and physical location to ensure that dental care is being administered within the state. It would require initial examinations for orthodontia treatment to be performed in person and would require an in-person clinical examination to be performed immediately before providing or authorizing services or treatments to patients that are not reversible. For ongoing dentist-patient relationships, dentists would be required to strongly encourage patients to be seen in person at least annually.
• California’s proposed AB 1999 would revise the conditions under which veterinarians and veterinary technicians can practice telemedicine. Registered veterinary technicians, for example, would be permitted to render lifesaving aid in emergency conditions through any means, including teletriage. The bill would also place duration restrictions on antimicrobial drugs prescribed through telemedicine.

Finalized legislation and rulemaking:

• Oklahoma enacted SB 1651, which permits respiratory care to be performed by telemedicine.
• Georgia enacted HB 1195, amending existing state law on the practice of veterinary medicine. It affirmatively allows veterinarians to provide teleadvice or teletriage without a valid VCPR and eases the conditions under which a licensed veterinarian or veterinary technician may practice veterinary teletriage with or without a VCPR.
• South Carolina enacted S 453, officially establishing guidelines and restrictions for the practice of teledentistry and requiring the Board of Dentistry to promulgate regulations governing the provision of dental services through teledentistry. The law requires bona fide provider-patient relationships before the provision of teledentistry services and sets forth requirements related to informed consent and the confirmation and verification of a patient’s identity. It also places limitations on the advertisement of teledentistry services.
• Connecticut passed HB 5142, which grants residents in residential care homes the right to use virtual monitoring technology (i.e., devices capable of remote audio or video communications that may include recording capabilities) owned and operated by the resident in the resident’s room or living quarters, at the resident’s expense. The service must comply with applicable privacy law, and appropriate notice of the monitoring must be provided in the resident’s room. If the resident lives in a shared living arrangement, the resident’s roommate must consent to the use of the monitoring. The law provides residential care homes with limited immunity from liability for violation of privacy rights of any individual under state law caused by a resident’s use of technology in accordance with the law; damage to the resident’s technology, including malfunction not caused intentionally or negligently by the residential care home; and instances when audio or video produced by the resident’s technology is inadvertently or disclosed to, intercepted, or used by an unauthorized third party, provided the residential care home does not intentionally cause such audio or video to be disclosed to, intercepted, or used by an unauthorized third party.
• Minnesota enacted HF 3825, which revises practice requirements across several health occupations, including physical therapy. The revisions clarify that telecommunications do not meet the requirement for direct supervision of student physical therapists or student physical therapy assistants, but that telehealth observation of physical therapy assistants is permitted.
• West Virginia finalized amendments to an existing rule concerning pharmacist licensure and the practice of pharmacist care, including new guidance on the provision of telehealth services and the circumstances under which telehealth services are permitted. The amendments permit telepharmacy services for direct patient care and institutional drug regimen review when the patient is offsite, provided the pharmacist is appropriately licensed. The amendments restrict prescribing via telehealth by prohibiting Schedule II controlled substances absent narrow circumstances, unless prescribed by a physician or a member of the same group practice with an established patient, and impose new substantive limits, including prohibitions on pharmacist prescribing or dispensing of abortifacients and certain gender-altering medications for minors. The amendments require all telehealth providers to comply with West Virginia law and submit to West Virginia Board of Pharmacy’s jurisdiction and discipline. The rule is set to terminate on August 1, 2031.
• The Maine Office of MaineCare Services adopted a new rule that adds High Fidelity Wraparound Services as a new Behavioral Health Home (BHH) service tier for children. The rule allows the BHH to conduct telehealth services to establish reimbursement eligibility when unforeseen and uncontrollable circumstances prevent in-person service delivery.
• The New Mexico Health Care Authority’s Behavioral Health Services Division adopted a rule that expands access to medications for opioid use disorder treatment, reduces stigmatizing language and practices, supports a patient-centered approach, and promotes provider flexibility in providing care, including through telehealth. Audio-visual telehealth platforms must be used, except when not available to the patient. When not available, it is acceptable to use audio-only devices, but only when the patient is in the presence of a licensed practitioner who is registered to prescribe (including dispense) controlled medications.
• In association with the CalWORKs Home Visiting Program, a new rule from the California Department of Social Services pairs new parents with a nurse or other trained professional who makes regular visits to the participant’s home to provide guidance, coaching, access to prenatal and postnatal care, and other health and social services. The Home Visiting Program’s resources include prenatal, infant and toddler care, infant and child nutrition, child developmental screening, parent education, training in parent/child interaction, child development and child care, job readiness and barrier removal, domestic violence and sexual assault services, and mental health and substance abuse treatment and support. The rule allows home visits to be provided via telehealth as needed.
• In Wisconsin, the Physical Therapy Examining Board adopted a rule to define “telehealth” and remove the onsite requirement for patient assessment and reevaluation, allowing these tasks to be performed via telehealth under specified conditions.

Compact activity:

• In Alaska, HB 173 would adopt the Occupational Therapy Licensure Compact with the goal of improving public access to occupational therapy services, including through the use of telehealth technology.
• HB 110 would enter Alaska into interstate compacts related to psychology and social work and includes provisions governing the use of telepsychology and telehealth services under the compacts.
• In Iowa, SF 2139 established the Athletic Trainer Compact, facilitating increased access to athletic training services through telehealth.

Why it matters:

• States are expanding the scope of telehealth. States are broadening the availability of telehealth in areas such as dentistry, veterinary care, respiratory care, and psychology. Providers in these areas should review the guidelines to determine their eligibility for providing remote services.
• Establishment of proper patient-provider relationships still matters. Even with the changes to laws and regulations involving the provision of telehealth services, states remain adamant that telehealth providers must create official provider-patient relationships before rendering those services. Providers should ensure that they properly establish these relationships even in areas where telehealth availability has increased.

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.