Regional Update: Interstate Telemedicine Waivers During COVID-19

Last Updated: September 30, 2021

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. As states contemplate lifting or changing their emergency orders, these waivers may be terminated.

Below is a summary, accurate to its date of publishing, of the status of emergency orders in our neighboring states and the District of Columbia. Maryland’s telemedicine waiver, which allowed physicians licensed in states outside of Maryland to practice telemedicine in the state on an emergency basis, ended on July 1, 2021. 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 that are mentioned only as highlights below.

For more information on telemedicine waiver requirements, click here to view the Federation of State Medical Boards (FSMB) listing and resource links. Please note that while the requirements listed in the document are an accurate summary, the PHE dates are not updated in FSMB’s listing. The Center for Connected Health Policy also maintains an in-depth list of requirements by jurisdiction.

Washington DC – Expired

Public Health Emergency (PHE) Expiration Date & Status: The DC public health emergency expired on July 25, 2021, but the amended administrative order 2020-02 which established the waiver for physician licensure extends sixty days beyond the end of the public health emergency. The expiry date was September 25, 2021.

Please note that, in DC, there is a delineation between the public health emergency and the public emergency related to COVID-19. The waiver extends sixty days past the public health emergency, NOT past the public emergency. This delineation has led to the listing of December 7, 2021 as the expiry date from some sources. MCMS has confirmed the expiry date of September 25, 2021 in writing with the DC Board of Medicine.

How to Monitor the PHE Expiration Date: Visit the DC Health Department’s web page under the heading “Mayor’s Order & Mask Guidance”.

Key Requirements: Be appropriately licensed and in good standing in the state you are practicing from and have a previous physician-patient relationship prior to the health emergency. Read more.

Virginia – Expired

PHE Status: Expired on June 30, 2021.

How to Monitor the PHE Expiration Date: On the VA State Government’s COVID-19 page under “Declaration of a State of Emergency”.

Key Requirements: Be appropriately licensed and in good standing in the state you are practicing from. A preexisting Virginia state license is not required for those licensed in adjoining states, of which Maryland qualifies. Further details.

West Virginia – Currently Active, Check Daily

PHE Status: Currently Active – No published expiration date available. Check daily.

How to Monitor the PHE Expiration Date: Visit West Virginia’s Response to COVID-19 listing.

Key Requirements: Be appropriately licensed and in good standing in the state you are practicing from. If audio-only communication satisfies the standard of care for a particular patient presentation, it may be used to establish a provider-patient relationship and to provide patient care. Further details.

Pennsylvania –Expired

PHE Status: Expired September 30, 2021, per HB 854. (Board of Medicine Guidance).

How to Monitor the PHE Expiration Date: Visit Pennsylvania’s Governor Proclamations.

Other Requirements: Out-of-state practitioners must: (1) Be licensed and in good standing in their home state, territory, or country; (2) provide the Pennsylvania board from whom they would normally seek licensure with the following information prior to practicing telemedicine with Pennsylvanians: (1) their full name, home or work mailing address, telephone number and email address; and (2) their license type, license number or other identifying information that is unique to that practitioner’s license, and the state or other governmental body that issued the license. Further details.

Deleware – Rescinded with Exception for Mental Health

PHE Status: While the PHE is still in place, out-of-state telemedicine privileges are rescinded with the exception of mental health care providers, per HB 348. Further details.