Legal Blog

Are You Complying with State Telehealth Licensing Laws, Post PHE


Question:  Now that many of the state waivers that had allowed healthcare professionals to provide telehealth services from one state to an individual residing in another state have ended, do I need to be licensed in every state where my patients reside in order to provide the patients with telehealth services?

Answer:  It depends on each individual state law. Beyond what Medicare/ Medicaid might allow and/ or any specific health insurer, each state regulates a healthcare provider’s license and, therefore, may also specifically address telehealth licensure requirements.

Whatever state you wish to provide telehealth services to, you must know that state’s licensure requirements for telehealth. For example, Florida permits an out-of-state provider to provide telehealth services to Florida residents but requires that the out-of-state provider register with the state board. Other states, such as Ohio and Indiana, do not allow out-of-state providers to provide telehealth services to their residents; rather, a provider must be licensed by Ohio or Indiana to provide telehealth services in those states, respectively.

Keep in mind that some states participate in a national compact that provides a more efficient process to permit a provider in one state to provide services in another state without going through the full licensure process in each state. Compacts existing include the Interstate Medical Licensure Compact, the Advanced Practice Nursing Compact, and the Counseling Compact. The processes involved in each differ and not all states participate in the compacts.

Website articles and information become quickly outdated in this area. Feel free to contact me for assistance navigating these ever-evolving laws.



Maggie DiCostanzo is a principal attorney in Offit Kurman’s Healthcare practice group. For nearly 20 years she has focused her legal practice by representing physicians, hospitals, post-acute care facilities, and other healthcare professionals, delivering health law advice and counseling as well as representation in regulatory, general liability, and professional liability matters.  She is also a registered patent attorney with the U.S. Patent & Trademark Office, and drafts licensing agreements and other intellectual property-related documents. Ms. DiCostanzo also assists lawyers in Offit Kurman’s other practice groups, including Business Law and Transactions, to address discreet healthcare issues.