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Trending in Telehealth: March 19 – March 25, 2024

Trending in Telehealth highlights 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 the past week:

  • Behavioral Health
  • Licensure Compacts
  • Telehealth Practice Requirements


Finalized Legislation and Rulemaking:

  • Florida enacted SB 7016, which, among other things, enters Florida into the Interstate Medical Licensure Compact, the Physical Therapy Compact, and the Audiology and Speech-Language Pathology Compact.
  • In Utah, HB 365 was enacted. This act allows physicians, nurse practitioners and physician assistants to conduct initial consults for certain cosmetic procedures via telemedicine, including cryolipolysis (i.e. the removal of fat deposits using cold temperatures) and certain cosmetic laser treatments. Telemedicine consults would not be permitted for hair removal or tattoo removal treatments.
  • Washington enacted HB 1939 to enter the Social Work Licensure Compact.
  • In Washington, SB 5481 was also enacted. This act establishes professional practice standards for healthcare practitioners that provide telehealth services and establishes requirements for out-of-state health care practitioners.
  • Washington also passed SB 5821, which amends existing standards for establishing a provider-patient relationship related to audio-only coverage requirements. The act defines an established relationship to include a provider of audio-only telemedicine who has, among other things, seen the patient in-person or through real-time interactive audio and video technology at least once in the last three years or an audio-only provider to whom the patient was referred by a physician who had seen the patient, in-person or through real-time interactive audio and video technology, at least once in the past three years.
  • Wisconsin enacted SB 476, which prohibits the Wisconsin Medicaid program from requiring that telehealth providers have a physical address in the state.

Legislation & Rulemaking Activity in Proposal Phase:


  • In Alaska, SB 91 passed the first chamber. The bill would permit an out-of-state member of a physician’s multidisciplinary care team to provide services in Alaska via telehealth if the service provided by the out-of-state member is not reasonably available in the state or it involves ongoing treatment or follow-up care regarding a suspected or diagnosed life-threatening condition. The bill would also establish grounds for disciplinary action against an out-of-state member of a physician’s multidisciplinary care team.
  • In Georgia, HB 441 passed both chambers. If enacted, the bill would, among other things, require a dentist intending to provide care via teledentristry to notify the Georgia Board of Dentistry and to provide documentation that the dentist has established a referral relationship with a dentist capable of providing in-person dental care at a location within the state meeting certain geographic requirements. A dentist providing teledentistry would be permitted to authorize dental hygienists to perform certain dental hygiene functions, prescribe noncontrolled prescriptions and authorize the performance of digital scans and the transmission of patient records to the dentist. The proposed bill would require dentists to perform an initial in-person examination and an in-person exam at least once [...]

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Trending in Telehealth: June 27 – July 10, 2023

Trending in Telehealth is a new series from the McDermott digital health team in which we highlight 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 the past two weeks:

  • Telehealth pilot programs, with a focus on home health
  • Licensure compacts


Finalized Legislation and Rulemaking

  • Connecticut enacted SB 1705, which requires the Department of Public Health to establish a Hospice Hospital at Home pilot program to provide hospice care through a combination of in-person visits and telehealth.
  • Delaware adopted rules for home health agencies and personal assistance services agencies that define “telehealth mechanism” and address services provided via telehealth mechanisms.
  • Illinois enacted SB 1913, which requires the Department of Healthcare and Family Services and contracted managed care plans to provide for coverage of mental health and substance-use disorder treatment or services delivered as behavioral telehealth services, and reimburse such services on the same basis, in the same manner, and at the same reimbursement rate as in-person services are reimbursed.
  • Maine enacted LD 231, which establishes a statewide child psychiatry telehealth consultation service, to the extent funding allows. The service will support primary care physicians who are treating children and adolescent patients and need assistance with diagnosis, care coordination, medication management and any other behavioral health questions.
  • New Mexico finalized rules that define “telemedicine” for respiratory therapists.
  • Missouri enacted SB 70, which enters the state into the Counseling Interstate Compact, Interstate Medical Licensure Compact and Social Work Licensure Compact.
  • Oklahoma enacted HB 2686, which specifies telehealth encounters cannot be used to establish a valid physician-patient relationship for the purpose of prescribing opiates, synthetic opiates, semisynthetic opiates, benzodiazepine or carisoprodol, unless the encounter is used to prescribe opioid antagonists or partial antagonists under certain circumstances, or Schedule III-V controlled substances for medication-assisted treatment or detoxification treatment for substance-use disorder.

Legislation and Rulemaking Activity in Proposal Phase


  • Kentucky proposed a rule that would significantly update telehealth requirements for optometrists, including revising applicable definitions, informed consent requirements, practice standards and jurisdictional considerations (i.e., where a patient or physician may be located).
  • New Jersey passed S 3604 in the first chamber. The bill would incorporate the use of healthcare platforms (defined as “as an Internet-based service through which a consumer, who may or may not have separate health insurance coverage, may set-up an account or become a member to obtain discounts on prescription or non-prescription drugs or devices and through which other services, including telemedicine, may be provided”) into the laws governing pharmacy benefits managers, pharmacists and telehealth.
  • Ohio passed SB90 in the first chamber to enter the state into the Social Worker Licensure Compact.

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