Key Rules for California Healthcare Providers on Providing Virtual Care to Patients

What is considered telehealth in California?

California defines telehealth (aka telemedicine) as delivering healthcare services remotely or virtually, including by video conference (Zoom, etc.) or phone call; or asynchronously via text, email, messaging platform, etc. Under California law, telehealth is legally equivalent to in-person care when delivered in accordance with established standards of care.¹Cal. Bus. & Prof. Code § 2290.5(a)(6)

Who can provide telehealth services in California?

Telehealth services may only be provided by individuals who are licensed, registered, or certified under California law to provide healthcare services. This includes medical doctors, psychologists, therapists, and other licensed healthcare professionals. ²Cal. Bus. & Prof. Code § 2290.5(a)(3), (e)

For telehealth rules specific to mental health, see our Guide to Telehealth Rules for Therapists in California.

What are the consent requirements for telehealth?

Before providing telehealth services, a healthcare provider must obtain verbal or written informed consent from the patient. The provider must explain:³Cal. Bus. & Prof. Code § 2290.5(b)

• The nature of the telehealth services
• Potential risks (e.g., technical failures, limited physical assessment)
• The patient’s right to withdraw consent at any time
• Privacy protections in place

The consent must be documented in the patient’s health record.

What are the privacy and security requirements for telehealth?

Telehealth providers must comply with HIPAA and California’s Confidentiality of Medical Information Act (CMIA) to protect patient data. Communication platforms must ensure the confidentiality and security of health information. While certain platforms were temporarily permitted under federal COVID-19 waivers, providers are now expected to return to HIPAA-compliant platforms.⁴Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. Parts 160, 164; Cal. Civ. Code §§ 56–56.16 (CMIA)

Can telehealth be used for prescribing medication?

Yes, prescriptions may be issued via telehealth if the provider performs an appropriate evaluation, which can be done remotely. Controlled substances may also be prescribed via telehealth, but this is governed by stricter rules under federal DEA regulations.⁵Cal. Bus. & Prof. Code § 2242(a); 21 U.S.C. § 829(e); 21 C.F.R. § 1306.04

U.S. DEA Telemedicine Guidance

Are there any restrictions on telehealth for mental health?

Licensed mental health providers, including psychologists, LMFTs, LCSWs, and LPCCs, may provide telehealth services as long as they follow applicable legal and ethical standards, including those regarding confidentiality, informed consent, and emergency procedures.

For telehealth rules specific to mental health, see our Guide to Telehealth Rules for Therapists in California.

Does insurance cover telehealth in California?

Yes. California’s parity law requires most health plans to cover and reimburse for telehealth services on the same basis as in-person services, including both real-time and asynchronous communication. Medi-Cal also covers a wide range of telehealth services, subject to DHCS billing guidelines.⁶Cal. Health & Safety Code § 1374.13; Cal. Ins. Code § 10123.85

DHCS Telehealth Policy (Medi-Cal)

What are the documentation requirements?

Providers must document all telehealth encounters in the patient’s medical record, including:

• The type of technology used
• The locations of the patient and provider
• The date and time of service
• A summary of the encounter
• Informed consent for telehealth

Documentation should meet the same standards as in-person care and comply with record retention laws.⁷Cal. Bus. & Prof. Code § 2290.5(b); Cal. Health & Safety Code §§ 123100–123149.5

Can a California healthcare provider use telehealth to treat patients who are out-of-state?

Generally, no. A California-licensed physician or other healthcare provider may not provide telehealth services to a patient who is physically located in another state, unless the provider is also licensed (or otherwise authorized to practice) in that state at the time of service.

Telehealth is regulated based on the location of the patient, not the provider. Most states consider remote treatment of a patient within their borders to be the practice of medicine in that state, even if the provider is located elsewhere. This rule applies even if:

• The patient is a California resident who is temporarily traveling
• The patient moved out of California but continues care with a California provider
• The provider is only offering follow-up or low-risk advice

There are some state-specific exceptions, such as:

• Temporary waivers during emergencies
• Telehealth registration programs in select states (e.g., Florida, Arizona)
• Consultation exceptions, which allow limited involvement when collaborating with a local physician

However, these exceptions are limited, and providers should confirm with the destination state’s medical board before delivering care.

See Cal. Bus. & Prof. Code § 2290.5; and Federation of State Medical Boards – Telemedicine Policies by State

Can a California physician treat patients who are in California when the physician is out of state?

Yes. See Medical Board of California – Telehealth

Can out-of-state providers practice telehealth with California patients?

In general, only providers licensed in California may treat California patients via telehealth. The provider need not necessarily be physically located in California, although this may vary by specific profession.

See Medical Board of California – Telehealth

Further Resources

Healthcare professionals can consult the Medical Board of California or their regulating agency for current laws, best practices, and regulatory updates on telehealth.

Also see our pages on:

Guide to the Laws for Owners of a Medical Practice in California

Guide to California Law on Healthcare

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