What the patient must agree to before a telehealth visit.
⚖️ Reference information — not legal advice. Always confirm current requirements with your compliance officer, state licensing board, or a telehealth attorney before relying on this for clinical or business decisions.
New York requires written informed consent before initiating telehealth services. Audio-only is generally acceptable under state rules; federal/payer rules may differ. Documentation of consent must be retained in the medical record.
What providers can and cannot prescribe via telehealth, including DEA-restricted substances.
⚖️ Reference information — not legal advice. Always confirm current requirements with your compliance officer, state licensing board, or a telehealth attorney before relying on this for clinical or business decisions.
New York permits telehealth prescribing of controlled substances subject to DEA rules and state board oversight. Schedule II prescriptions via telehealth are limited and may require in-person follow-up.
State-board-specific standard-of-care, recordkeeping, and technology requirements per credential.
⚖️ Reference information — not legal advice. Always confirm current requirements with your compliance officer, state licensing board, or a telehealth attorney before relying on this for clinical or business decisions.
MD / DO
New York Office of Professions enforces in-person standard for telehealth. Practitioner must hold an active NY license OR practice under a recognized exception.
Recordkeeping
6 years
Technology requirements
HIPAA-compliant platform with BAA. Encrypted communications.
HIPAA, BAA, audio-only acceptance, and session-recording rules.
⚖️ Reference information — not legal advice. Always confirm current requirements with your compliance officer, state licensing board, or a telehealth attorney before relying on this for clinical or business decisions.
Federal baseline: HIPAA-compliant platform with a signed Business Associate Agreement is required for telehealth. As of February 2026, CMS requires providers to re-verify patient location at every visit. Audio-only telehealth is broadly accepted under federal rules but some states impose stricter requirements (see Consent section for New York-specific rules).
What Happens If You Practice Without Authorization
Licensing board action
Treating a patient in New York without proper authorization can result in a complaint to your licensing board — in your home state, New York, or both. Outcomes range from a warning letter to license suspension.
Insurance claim denial
Payers may deny or claw back reimbursement for sessions where the provider lacked authorization in the patient’s state at the time of service. A signed compliance record gives you a clear answer if a claim is reviewed.
Malpractice coverage gap
Your malpractice policy may exclude coverage for care delivered in a state where you weren’t authorized to practice. If something goes wrong in that session, you could be uninsured.
Know exactly when you can treat a New York patient — in real time, every session.
Your license covers where you are. It doesn't cover where your patient is. TeleVerify verifies your provider-to-patient state match before every telehealth session and produces a cryptographically signed compliance record you can show an auditor, insurer, or state board.
✓ Works with Zoom, Doxy.me, SimplePractice, TherapyNotes, Jane App — or any other telehealth platform (video or phone)
✓ Tracks all interstate compacts and state-specific registration pathways — auto-updates when rules change
✓ Signed, tamper-evident compliance record for every visit
Frequently asked: telehealth compliance in New York
Can I practice telehealth in New York without a New York license?
In New York, providers must hold a valid license in the state where the patient is physically located during the session. Holding a license in another state does not authorize you to treat patients located in New York unless you qualify under an interstate compact or a state-specific telehealth registration pathway.
What interstate compacts does New York participate in?
New York is not currently a member of any major interstate licensure compact tracked by TeleVerify. Providers must obtain a direct New York license to treat patients physically located in the state.
What are the patient consent requirements for telehealth in New York?
New York requires written informed consent before initiating telehealth services. Audio-only is generally acceptable under state rules; federal/payer rules may differ. Documentation of consent must be retained in the medical record.
Can I prescribe controlled substances via telehealth in New York?
New York permits telehealth prescribing of controlled substances subject to DEA rules and state board oversight. Schedule II prescriptions via telehealth are limited and may require in-person follow-up.
What are the professional board standards for telehealth in New York?
For MD/DO: New York Office of Professions enforces in-person standard for telehealth. Practitioner must hold an active NY license OR practice under a recognized exception. For PsyD/PhD: NY State Board for Psychology requires telehealth competence and informed consent. For LCSW/LMFT/LPCC: NY State Board for Mental Health Practitioners regulates telehealth for LMHC/LMFT. Standard of care equivalent to in-person.
What technology and privacy requirements apply to telehealth sessions in New York?
Telehealth sessions in New York must use HIPAA-compliant video or audio platforms with a signed Business Associate Agreement. Patient location must be verified at the time of each session, since licensure compliance depends on it. Session recording and audio-only acceptability follow state-specific rules (New York recording rule: one party consent).