Telemedicine
Telemedicine, or telehealth, is the provision of medical services to a patient via telecommunication. To provide medical services to an Alabama patient via telemedicine, the physician must hold either a full license or a license to practice across state lines.
Regulation of Telemedicine/Telehealth
- There are currently no Alabama statutes or rules in place that specifically regulate telemedicine vs. the traditional, in-person practice of medicine. There are federal regulations (such as HIPAA, DEA regulations, third-party payors) regarding telehealth that should be discussed with your attorney.
- Physicians are held to the same standard of care irrespective of the modality of treatment. This includes rules concerning the establishment of a physician-patient relationship, the prescribing of controlled substances, general prescribing guidelines, and prescribing without having had a physical exam.
- There is no requirement for a contract with the patient before providing medical care via telemedicine.
Licensing Requirements for Telemedicine/Telehealth
- Physicians: Alabama full traditional license, a license via the Interstate Medical Licensure Compact, or special purpose license to practice medicine across state lines.
- Physician Assistants: Alabama license to practice as a physician assistant and approved registration to a supervising physician. Be aware that there may be certain in-person and other quality assurance requirements. See Board Rules, Chapter 540-X-7.
Prescribing Controlled Substances via Telemedicine/Telehealth
- The Board has no rules to prohibit the prescribing of controlled substances via telemedicine; however, the provider must comply with all requirements with regard to prescription guidelines, treating chronic pain, and utilizing risk and abuse mitigation strategies. See Rules 540-X-8-.06, .08, and .09 and Chapter 540-X-19.
- DEA regulations currently require a previous in-person examination before prescribing controlled substances via telemedicine, except in a declared health emergency.