Trending in Telehealth highlights monthly state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care.
Trending in September:
- Telehealth disciplinary guidelines
- Telepharmacy
- Behavioral health
A CLOSER LOOK
Proposed legislation & rulemaking:
- The Florida Board of Nursing proposed rules would update its disciplinary guidelines for telehealth registrants to identify additional violations subject to disciplinary actions. The proposed rules address violations such as failing to remit funds owed to the state Medicaid program following a final order, judgment, stipulation, or settlement and failing to comply with statutory requirements for refunding overpayments to patients. Disciplinary actions for these violations range from a minimum of license denial or suspension with a corrective action plan, to a maximum penalty of license revocation.
- The Louisiana Addictive Disorder Regulatory Authority (ADRA) proposed to adopt and enact LAC 46:LXXX § 2101 to align with the Louisiana Telehealth Access Act. This rule would allow ADRA-licensed professionals to provide addiction counseling, prevention services, and compulsive gambling counseling via telehealth to clients physically located in Louisiana during sessions.
- Maine’s Board of Licensure in Medicine proposed to update the rules for physician licensure, registration, notification, and continuing medical education. This revision would update the definition of telehealth to include audio-only technology when necessary and appropriate under the circumstances and if in compliance with the applicable standard of care.
- The New Jersey Board of Medical Examiners proposed a new rule to allow physicians to authorize medical cannabis use via telemedicine, when the use of telemedicine or telehealth is consistent with the standard of care. The physician may require in-office consultations if additional consultations are necessary.
- The Ohio Board of Pharmacy proposed a new rule that would allow a pharmacy licensed as a terminal distributor of dangerous drugs to dispense drugs and provide patient counseling and other pharmacist care through a telepharmacy system.
- The Wisconsin Pharmacy Examining Board accepted comments for an economic impact analysis prior to holding a public hearing on a proposed rule that would allow pharmacies to receive prescription orders through a HIPAA-compliant secure texting platform.
Finalized legislation & rulemaking activity:
- California enrolled several bills in September that cover areas such as Medi-Cal improvements, scope of practice for tele-veterinary services, and pilot programs:
- SB 530 passed both chambers and reinforces patient choice by requiring managed care plans to offer in-person services (even when telehealth meets access standards) if the patient prefers face-to-face care.
- AB 260 passed both chambers and shields healthcare professionals and facilities in California from civil or criminal actions or disciplinary or other administrative proceedings (e.g., licensure denial, suspension, or revocation) solely related to the provision of medication abortions out-of-state, regardless of federal actions or legal conditions in other states.
- AB 1503 passed both chambers. This bill prohibits any person from furnishing or dispensing any dangerous drug or device on the internet for delivery to any person in California without a prescription issued pursuant to an “appropriate prior examination.” California changed the terminology from “good faith prior examination” to “appropriate prior examination” in its laws governing the furnishing or dispensing of dangerous drugs or devices via the internet to better align with modern standards of care and regulatory clarity.
- Colorado’s State Board of Pharmacy issued an emergency rule allowing pharmacists certified in immunization to administer vaccines in a telepharmacy setting, provided supervision standards are upheld. The rule notes that qualifying pharmacists are authorized to issue immunizations and vaccines pursuant to a standing order issued by the chief medical officer of the Colorado Department of Public Health and Environment. Chief Medical Officer Ned Calonge has issued a standing order to allow pharmacists to provide COVID-19 vaccines without individual prescriptions.
- The Kentucky Cabinet for Health and Family Services established new policies and operational requirements for providers under the 1915(i) RISE Initiative, a Medicaid-funded home and community-based services program. The newly adopted rule provides that, for participants receiving supervised residential care, at least one quarterly face-to-face visit must occur at the provider site. Telehealth is permitted for all other services outside the minimum in-person requirements (i.e., in-person visits every other month, and one home visit every three months).
- The Oregon Medicaid division adopted a rule that allows certified community behavioral health clinics to submit claims for telehealth services as billable encounters if they meet federal and state telehealth standards and are appropriately documented.
- The Washington, DC, Department of Behavioral Health updated its community support services rules to require prior authorization and limit reimbursement for certain behavioral health services that may be provided via telehealth. Community support services fall under the mental health rehabilitation services system, which is funded through Medicaid and includes behavioral health supports such as diagnostic assessments, counseling, and medication management.
Why it matters:
- Compliance is getting more complex – and more critical. As states tighten enforcement around licensing, reimbursement, and supervision standards, telehealth providers need to stay ahead of evolving rules to avoid penalties and protect their operations.
- Specialty care is going virtual, and pharmacy is leading the charge. From behavioral health and medical cannabis to veterinary services and vaccine administration, telemedicine is expanding into niche areas of care. Pharmacy boards are also embracing telepharmacy innovations, including secure texting. For businesses operating in these spaces, staying ahead of evolving regulations is key to scaling responsibly and staying compliant.
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.
