Lexology December 13, 2022
Venable LLP

As states roll back emergency provisions that allowed out-of-state providers to offer telehealth services during the COVID 19 pandemic, more permanent changes in interstate telehealth are under way. In April 2022, the Federation of State Medical Boards (FSMB) updated its telemedicine policy for the first time since 2014, in recognition of the benefits of telemedicine and its increased utilization. The FSMB Workgroup on Telemedicine recognized that exceptions to in-state licensing should be made for certain consultations and screenings, episodic or follow-up care for established patients, and clinical trials. However, the FSMB still generally recommended that physicians must be licensed or otherwise authorized by the state medical board.

In most states, telehealth providers must be licensed within the state where the...

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