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.
California requires written informed consent prior to the first telehealth visit. Recording requires consent from all parties (two-party state). Audio-only is permitted only in narrow circumstances (e.g., follow-up for established patients).
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.
California generally requires in-person evaluation before prescribing Schedule II substances via telehealth. Schedules III-V have more flexibility, particularly under DEA's 2026 special-registration framework where applicable.
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
Standard of care for in-person visits applies equally to telehealth. Establishment of provider-patient relationship may occur via telehealth, but exceptions apply for controlled substance prescribing.
Recordkeeping
7 years
Technology requirements
HIPAA-compliant platform with BAA required. Encrypted audio/video. Audio-only permitted only when clinically appropriate.
California Board of Psychology requires same standard of care as in-person. Telepsychology requires competence in remote practice, informed consent specific to telehealth, and crisis-management plan for patient's location.
Recordkeeping
7 years
Technology requirements
HIPAA-compliant platform with BAA. Emergency contact protocols required.
Behavioral health providers must maintain in-person standard of care. Specific guidance from California BBS on remote practice scope and supervision rules.
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 California-specific rules).
What Happens If You Practice Without Authorization
Licensing board action
Treating a patient in California without proper authorization can result in a complaint to your licensing board — in your home state, California, 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 California 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 California
Can I practice telehealth in California without a California license?
In California, 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 California unless you qualify under an interstate compact or a state-specific telehealth registration pathway.
What interstate compacts does California participate in?
California is not currently a member of any major interstate licensure compact tracked by TeleVerify. Providers must obtain a direct California license to treat patients physically located in the state.
What are the patient consent requirements for telehealth in California?
California requires written informed consent prior to the first telehealth visit. Recording requires consent from all parties (two-party state). Audio-only is permitted only in narrow circumstances (e.g., follow-up for established patients).
Can I prescribe controlled substances via telehealth in California?
California generally requires in-person evaluation before prescribing Schedule II substances via telehealth. Schedules III-V have more flexibility, particularly under DEA's 2026 special-registration framework where applicable.
What are the professional board standards for telehealth in California?
For MD/DO: Standard of care for in-person visits applies equally to telehealth. Establishment of provider-patient relationship may occur via telehealth, but exceptions apply for controlled substance prescribing. For PsyD/PhD: California Board of Psychology requires same standard of care as in-person. Telepsychology requires competence in remote practice, informed consent specific to telehealth, and crisis-management plan for patient's location. For LCSW/LMFT/LPCC: Behavioral health providers must maintain in-person standard of care. Specific guidance from California BBS on remote practice scope and supervision rules.
What technology and privacy requirements apply to telehealth sessions in California?
Telehealth sessions in California 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 (California recording rule: two party consent).