Telemedicine
On Apr. 12, 2022, Governor Kay Ivey signed Act No. 2022-302 relating to the practice of medicine and osteopathy across state lines and repealing Ala. Code §§ 34-24-500 through 508 relating to the licensing of the practice of medicine and osteopathy across state lines. Please be patient while we update this page to reflect the new laws.
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.