§ 34-24-702 — License Requirements

(a) Physicians who engage in the provision of telehealth medical services to any individual in this state must possess a full and active license to practice medicine or osteopathy issued by the Medical Licensure Commission.
(b) Notwithstanding subsection (a), a physician who engages in the provision of telehealth medical services to any individual in this state is not required to possess a license issued by the Medical Licensure Commission, if either of the following apply:
(1) The services are provided on an irregular or infrequent basis. The term “irregular or infrequent” refers to telehealth medical services occurring less than 10 days in a calendar year or involving fewer than 10 patients in a calendar year.
(2) The services are provided in consultation, as further provided by Section 34-24-74, with a physician licensed to practice medicine or osteopathy in this state.
(c) A violation of this article shall constitute the unauthorized practice of medicine.
(d) Nothing in this article shall be interpreted to limit or restrict the Board of Medical Examiners’ or Medical Licensure Commission’s authority to regulate, revoke, suspend, sanction, or otherwise discipline any physician licensed to practice in this state who violates the provisions of this article, the provisions relating to the regulation of manufacture and distribution of controlled substances, as provided by Sections 20-2-50 through 20-2-58, or the administrative rules of the Board of Medical Examiners or the Medical Licensure Commission while engaging in the practice of medicine within this or any other state.
(e) Nothing in this article shall be construed to apply to or to restrict the provision of health-related services via telehealth by a health care provider other than a physician, provided that those health-related services are within the scope of practice of the health care professional licensed in Alabama.

Legislative History

(Act 2022-302, §1.)