Verified October 8, 2026 against the statutes and regulations cited below. Research, not legal advice. All states
What operators miss in Montana
- A mental health app or website is treated like a health care provider for disclosure purposes, with civil remedies for wrongful disclosure (§ 50-16-546).
- Board rule lists the delegation limits: delegate only to qualified providers known to the licensee who can reach the licensee for follow-up.
Does Montana have a telehealth registration for out-of-state clinicians?
No telehealth registration. Board rules treat telemedicine as occurring where the patient is located, so a Montana license is needed outside the narrow exemptions.
- No telehealth-specific registration: a clinician needs the full license or an exception.
Citation: Mont. Admin. R. 24.156.813; Mont. Code Ann. § 37-3-103
When can an out-of-state clinician treat Montana patients without a Montana license?
A physician licensed in another state may render services in Montana in an occasional case. A Montana license is required if the physician goes beyond occasional cases or has regular Montana hospital connections or an office.
Citation: Mont. Code Ann. § 37-3-103(1)
Can a patient relationship start by telehealth in Montana?
A relationship may be established through telemedicine when the standard of care does not require an in-person encounter. Telemedicine includes audio-only conversations, secure video and store-and-forward, but not email, instant messaging or fax.
- Audio-only can establish the relationship
- Asynchronous care can establish the relationship
Citation: Mont. Code Ann. § 37-3-102(14); Mont. Admin. R. 24.156.813
Does Montana require telehealth consent?
No general telehealth consent requirement in statute or medical board rule; CCHP lists none for Montana.
- No telehealth-specific consent statute
What limits does Montana put on prescribing by telehealth?
Clinicians must verify identity, make their own identity and credentials available, establish the relationship first and take a history sufficient for diagnosis before treating or prescribing.
- Board rule allows Schedule II prescribing by telemedicine when it complies with DEA requirements. For medical marijuana certification, audio-only counts only after an in-person relationship.
Citation: Mont. Admin. R. 24.156.813; Mont. Code Ann. § 37-3-102(14)(c)
Does Montana require its own controlled-substance registration?
Do private payers in Montana have to cover telehealth?
- Private-payer telehealth coverage law
- No payment parity law
Citation: Mont. Code Ann. § 33-22-138
How does Montana treat the corporate practice of medicine?
Does Montana have a consumer health data law?
Apps and websites that collect mental health or substance use information and market mental health services fall under Montana's health care information confidentiality law. The state's comprehensive privacy act also applies to covered businesses.
- Mental health digital services (Mont. Code Ann. § 50-16-546); Montana Consumer Data Privacy Act
Adding Montana to your telehealth practice?
A State Expansion Pack applies Montana's rules to your service line and lists what changes in your workflow before the first visit.