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NEW Alabama Telehealth Law Effective 7/11/2022

On April 12, 2022, Governor Ivey signed Act 2022-302, effective on July 11th, 2022, that implemented laws for the use of telehealth in Alabama. This act also repeals laws regarding a special license for out-of-state physicians to practice medicine across state lines.

All Providers of telehealth medical services will:

  • Maintain a full and active license to practice medicine or osteopathy, issued by Alabama Medical Licensure.
  • The physician patient relationship may be established without a prior in-person examination according to the new law.
  • Prior to Telehealth Visit:
    • Verify the patient’s identity and their physical location (city/state).
    • Obtain the consent of the patient for the use of telehealth AND document consent in medical record.
    • Disclose the identity and credentials of the provider to the patient.
  • Establish a diagnosis for the patient using acceptable medical practices.
  • Inform the patient of any diagnosis and the reason for it, as well as discuss the risks and benefits of treatment options.
  • Provide a summary of the visit and information related to follow-up and emergency care if needed.
  • Document and maintain complete and accurate medical records of all encounters for the patient and be prepared to provide them on demand of the patient, the Medical Licensure Commission and the Board of Medical Examiners.
  • Take reasonable precautions to provide security and protect the privacy of their patients using HIPAA compliant devices and technologies.
    • If the patient receives telehealth services for the same medical condition without resolution more than four times in a 12 month period, the physician will do the following:
      • See the patient within a reasonable timeframe, but not longer than 12 months.
      • Appropriately refer the patient to another provider who can provide in-person care within a reasonable amount of time, but no longer than 12 months.
  • For prescribing purposes, providers must:
    • Possess an active Qualified Alabama Controlled Substances Registration Certificate or Alabama Controlled Substance Certificate in order to prescribe a legend medication, controlled substance or medical supplies (with legitimate medical purposes) to an authorized patient under applicable state and federal law.
    • Have seen the patient within the twelve months preceding the telehealth visit.

Resource reference – view the full ACT 2022-302.