Verified October 8, 2026 against the statutes and regulations cited below. Research, not legal advice. All states
What operators miss in Maryland
- Board of Physicians rules require confirming at each synchronous visit that the patient is in Maryland and identifying everyone present at both ends.
- Telehealth practitioners must follow Maryland dispensing law, including its prohibition on mail-order dispensing (COMAR 10.32.05.06D).
- Insurers must pay for telehealth on the same basis and at the same rate as in-person care, excluding most facility fees (Md. Code, Ins. § 15-139).
Does Maryland have a telehealth registration for out-of-state clinicians?
No telehealth registration for out-of-state physicians, NPs or PAs. A clinician treating a patient in Maryland by telehealth must be licensed or otherwise authorized in Maryland. The temporary telehealth license in Maryland law is for professional counselors.
- No telehealth-specific registration: a clinician needs the full license or an exception.
Citation: Md. Code, Health Occ. § 1-1005; COMAR 10.32.05.03
When can an out-of-state clinician treat Maryland patients without a Maryland license?
An unlicensed physician licensed and residing elsewhere may consult with a Maryland physician about a patient without directing care. A physician in an adjoining state may prescribe home health services after an in-person exam in that state.
- Exception for consultation with a licensed physician
Citation: Md. Code, Health Occ. §§ 14-301, 14-302
Can a patient relationship start by telehealth in Maryland?
A practitioner may establish a relationship through synchronous or asynchronous telehealth after verifying identity, disclosing name, contact information and license type, and obtaining consent. The statutory definition of telehealth excludes care delivered solely by audio-only calls, email or fax.
- Audio-only cannot establish the relationship
- Asynchronous care can establish the relationship
Citation: Md. Code, Health Occ. §§ 1-1001(e), 1-1002; COMAR 10.32.05.05
Does Maryland require telehealth consent?
Oral or written consent from the patient, or a parent or guardian where state law requires, is a condition of establishing a relationship by telehealth.
- Verbal or written consent
Citation: Md. Code, Health Occ. § 1-1002(3)
What limits does Maryland put on prescribing by telehealth?
An appropriate clinical evaluation, synchronous or asynchronous, must come before treatment or a prescription. Board of Physicians rules bar treating or prescribing based solely on a static online questionnaire.
- Questionnaire-only prescribing is prohibited
- Schedule II opiates for pain may not be prescribed by telehealth unless the patient is in a health care facility, a catastrophic health emergency is declared, or the practitioner or a same-group colleague has done a prior in-person assessment in an ongoing relationship.
Citation: Md. Code, Health Occ. § 1-1003(b)-(c); COMAR 10.32.05.06
Does Maryland require its own controlled-substance registration?
Maryland practitioners need a state CDS registration as well as DEA registration, and must register with the state PDMP before a new or renewed CDS registration is issued.
- Required, issued by Maryland Department of Health, Office of Controlled Substances Administration (CDS registration)
Do private payers in Maryland have to cover telehealth?
- Private-payer telehealth coverage law
- Explicit payment parity
Citation: Md. Code, Ins. § 15-139
How does Maryland treat the corporate practice of medicine?
Does Maryland have a consumer health data law?
In effect since Oct. 1, 2025. Consumer health data is sensitive data: it may be collected only when strictly necessary and may never be sold. Geofencing near mental or reproductive health facilities is also restricted.
- Maryland Online Data Privacy Act (Md. Code, Com. Law § 14-4701 et seq.)
Adding Maryland to your telehealth practice?
A State Expansion Pack applies Maryland's rules to your service line and lists what changes in your workflow before the first visit.
Sources
- index; verbatim text of Health Occ. 14-301/14-302, Ins. 15-139
- relationship (definition excludes audio-only, text read)
- relationship, consent (text read)
- prescribing (text read)
- relationship (current rule allows synchronous or asynchronous evaluation)
- prescribing, notes (text read)
- stateControlledSubstanceRegistration
- healthDataLaw (law-firm summary)
