Last Updated: January 18, 2022
Topline Update: Where does a PHE allow a Maryland licensed physician to practice?
Telehealth waivers have expired in most states and the District of Columbia, although some states have now reinstated a waiver due to the Omicron associated spike in COVID-19 cases and hospitalizations. Please note that requirements under the waiver of each state vary.
States with an Active PHE Waiver
- California – Expires March 31, 2022
- Connecticut – Expires February 15, 2022
- Hawaii – Expires January 28, 2022
- Illinois – For established patients only! – Expires February 5, 2022
- Indiana – Must register with the Indiana Professional Licensing Agency to work under the waiver. – Expires February 1, 2022
- Iowa – Expires February 6, 2022
- Louisiana – Must register for an emergency waiver. – PHE expires January 19, 2022, with a 90 day transition period for registrants.
- Maryland – Active through the end of the PHE.
- Nevada – Active through the end of the PHE. No date specified.
- New York – Expires January 25, 2022
- North Carolina – Expires 30 days after the end of the COVID-19 emergency, which is currently
scheduled to expire on April 5, 2022.
- Oklahoma – Must apply for an emergency temporary license. – Active through the end of the PHE.
- Oregon – Must register for an emergency waiver. – Expires June 30, 2022
- Pennsylvania – Expires March 31, 2022
- Texas – Expires 30 days after the end of the Texas State of Emergency, which is currently scheduled to January 22, 2022.
- Utah – Active through the end of the PHE. No date specified.
- Vermont – License waivers extend through March 31, 2022.
- West Virginia – Active through the end of the PHE. No date specified.
- Wyoming – Must request and emergency license. – Active through the end of the PHE. No date specified.
States with an Applicable Adjoining State Exception
Virginia – Under Va. Code Ann. § 54.1-2901(A), the requirement of VA physician licensure before providing clinical services to a patient located in Virginia “does not apply to the rendering of medical advice or information through telecommunications from a physician licensed to practice medicine in Virginia or an adjoining state, or from a licensed nurse practitioner, to emergency medical personnel acting in an emergency situation.” (Read more.) This exception is effective July 1, 2020.
States with a Law Allowing Interstate Practice (Requirements Apply)
Florida – Out-of-state professionals can provide telemedicine services to Florida residents if they are registered with the Medical Board per Florida Law § 2019-137. Register at www.flhealthsource.gov/telehealth.
Georgia – Out-of-state professionals can provide telemedicine services to Georgia residents under Ga. Code § 43-34-31.1.To apply for an unrestricted telemedicine license in Georgia, click here. To apply for a COVID-19 emergency practice permit, click here.
Interstate Medical Licensure Compact States – Thirty US states, including Maryland, have adopted an interstate medical licensure compact, which is an agreement among participating U.S. states to work together to significantly streamline the licensing process for physicians who want to practice in multiple states. It offers a voluntary, expedited pathway to licensure for physicians who qualify. Find out which states participate and apply today.
Telemedicine Legal & Licensure Implications
As MedChi, The Maryland State Medical Society noted in their recent Monday Message titled “Telemedicine: Legal and Licensure Implications“, generally, you are required to be licensed where the patient is located at the time of a telemedicine visit. Due to the pandemic, you may not need licensure if a public health emergency (PHE) order in the state waives the requirement. Be sure to check the status of PHE orders regularly; as states lift and change their emergency orders, these waivers are terminated or amended.
MCMS urges members to review compliance requirements for states in which they are practicing telemedicine regularly. Click here to check the live status, state by state. You should also check with your malpractice carrier to see if you have coverage for that state or territory, as well as state-by-state requirements listed by the Federation of State Medical Boards (FSMB).
Please note that while the requirements listed in the document are an accurate summary, the PHE dates are only updated in FSMB’s listing to the ‘last updated date at the top of the document. The Center for Connected Health Policy also maintains an in-depth list of requirements by jurisdiction.