AL · STATE RULES
Telehealth rules in Alabama
Alabama keeps its telehealth law in a short article of the medical practice act, and most of the friction there is arithmetic. A physician who treats the same unresolved condition remotely more than four times in a year owes the patient an in-person visit or a referral. A controlled substance needs synchronous contact plus an in-person encounter inside the previous twelve months. Set against that, a physician licensed elsewhere may work under ten days a year here without holding a state license.
- First visit
- Async allowed
- Physician license
- Compact member; 10-day rule
- Controlled drugs
- Live visit, yearly in person
- Nurse practitioners
- Reduced practice
Rules checked September 2026 · 28 sources cited
ONLY IN ALABAMA
What is different about Alabama
Each rule here is true of Alabama and of none of the states that border it. Beside each one: what the neighbours do instead.
01 · First visit
Four remote visits, then a real one
Ala. Code 34-24-703 puts a counter on remote care. Where the same physician or practice treats the same patient by telehealth more than four times in twelve months for the same medical condition and the condition has not resolved, the patient must be seen in person, or referred to a physician who can provide that care, within twelve months. Mental health services are carved out of the count entirely.
Source: Ala. Code 34-24-703Across the border
Mississippi
Board rule there loads the duty onto every encounter rather than onto a tally, since stored images may enhance a real-time interaction with the patient but never substitute for one.
Source: 30 Miss. Code R. 2635-5.5Tennessee
Its telemedicine rule counts nothing, and a physician there owes a direct referral for inspection and actual physical examination only where the transmitted information will not support a judgment.
Source: Tenn. Comp. R. & Regs. 0880-02-.16Georgia
The Composite Medical Board rule runs on the calendar instead, asking for diligent efforts toward one in-person examination a year for every patient treated by electronic means.
Source: Ga. Comp. R. & Regs. 360-3-.07Florida
Remote treatment there may continue without any tally or interval, for as long as the telehealth evaluation remains sufficient to diagnose and treat the patient.
Source: Fla. Stat. 456.47
02 · Licenses
Under ten days a year, no license
Ala. Code 34-24-702 sets a threshold rather than a credential. A physician holding a full license in another state may deliver telehealth to patients located here without a state license where the work is irregular or infrequent, which the statute fixes at fewer than ten days in a calendar year or fewer than ten patients in a calendar year. Cross the line either way and a full license is required.
Source: Ala. Code 34-24-702Across the border
Mississippi
Its board rule places the practice where the patient sits and reserves telemedicine to state licensees, opening only for laboratory, pathology and histopathology readings under a licensee's oversight.
Source: 30 Miss. Code R. 2635-5.2Tennessee
Legacy telemedicine licensees there hold no prescriptive authority at all, so anyone writing a prescription works from a full and current medical license.
Source: Tenn. Comp. R. & Regs. 0880-02-.16Georgia
A physician unrestricted elsewhere may apply for a telemedicine license from the Board, which is a credential to obtain rather than a volume below which none is needed.
Source: O.C.G.A. 43-34-31.1Florida
The Department of Health runs a registration with no application fee, an ongoing credential carrying a registered agent, malpractice cover and a five-day reporting duty.
Source: Fla. Stat. 456.47
03 · Prescribing
A controlled drug leans on a prior visit
Ala. Code 34-24-704 allows a controlled substance prescription out of a telehealth visit only where two things hold together: the visit itself runs on synchronous audio or audio-visual communication over HIPAA compliant equipment with the responsible prescriber, and that prescriber has had at least one in-person encounter with the patient in the preceding twelve months. A medical emergency is exempt, and a video visit attended in person by a clinician licensed by the medical or nursing board counts as the in-person encounter.
Source: Ala. Code 34-24-704Across the border
Mississippi
Its prescribing rule conditions every prescription on a good faith prior examination and medical indication, adding no separate look-back period for scheduled drugs.
Source: 30 Miss. Code R. 2640-1.4Tennessee
The lever there is the monitoring database, searched at the start of a new episode of opioid or benzodiazepine treatment rather than paired with a past office visit.
Source: Tenn. Code 53-10-310Georgia
Writing a controlled substance on an electronic consultation alone is unprofessional conduct there, with call coverage, documented emergencies and federal telemedicine definitions as the exceptions.
Source: Ga. Comp. R. & Regs. 360-3-.02Florida
The line is drawn by schedule rather than by history, holding Schedule II off telehealth outside four named settings and leaving Schedule III to V untouched.
Source: Fla. Stat. 456.47
04 · Prescribing
Database checks keyed to the daily dose
Board Rule 540-X-4-.09 measures the duty to search the monitoring database in morphine milligram equivalents. Below thirty a day the search is left to good clinical practice. Between thirty and ninety it happens at least twice a year, with a documented risk mitigation strategy. Above ninety it happens on the same day every prescription is written. Nursing home and hospice patients, active malignant pain and care inside an operation are excused.
Source: Ala. Admin. Code r. 540-X-4-.09Across the border
Mississippi
Its rule sorts prescribers by practice type, telling licensees outside pain management to search when a new patient first arrives and at least quarterly after that.
Source: 30 Miss. Code R. 2640-1.3Tennessee
The statute counts episodes of treatment, asking for a search at the start, before each new prescription for ninety days, and then twice a year while the drug continues.
Source: Tenn. Code 53-10-310Georgia
The trigger there is the drug class, reaching Schedule II narcotics and every benzodiazepine at the first prescription and at ninety-day intervals after.
Source: O.C.G.A. 16-13-63Florida
Review is universal for controlled substances once a patient turns sixteen, excusing only nonopioid Schedule V drugs, hospice care and a system outage.
Source: Fla. Stat. 893.055
PRACTICE RULES
How telehealth works in Alabama
The telehealth article, Ala. Code 34-24-700 and following, is compact. It settles who may treat a patient located here, what has to happen before the service begins, and when remote care must give way to a room.
01
Identity, place and consent first
Before the service begins the physician verifies that the patient is who they say they are, confirms the patient's physical location, discloses their own credentials, and obtains and documents consent to be treated by telehealth. The consent belongs in the record rather than in a marketing flow.
Source: Ala. Board of Medical Examiners, telemedicine guidance02
Two ways in for a new patient
The relationship forms when the patient initiates the contact themselves or when a provider who already treats them makes a referral. There is no statutory requirement that either route begin with a live examination.
Source: Ala. Code 34-24-70303
An attended video visit counts
Where a video visit reaches a patient at an originating site with in-person help from someone licensed by the Board of Medical Examiners or the Board of Nursing, the statute treats that as an in-person visit. It is the practical release valve for both the visit counter and the controlled-substance look-back.
Source: Ala. Code 34-24-70404
Mental health is outside the count
Services for mental health are excluded from the trigger that forces a patient into a room after repeated remote visits, so a behavioral health line can run continuously by telehealth while a dermatology or weight line cannot.
Source: Center for Connected Health Policy: Alabama05
Who may own the practice
There is no flat statutory bar on a company employing physicians, provided the contract leaves independent medical judgment with the clinician. Professional corporations and limited liability companies organized by physicians answer to Board Rule 540-X-9 as well as to the corporation statutes.
Source: Ala. Admin. Code r. 540-X-9-.01
FIRST VISIT
Can a first visit happen without a live call in Alabama?
Yes
Yes for a first non-controlled prescription. Asynchronous communication sits inside the statutory definition of telemedicine, and the relationship opens on the patient's own request or on a referral, so nothing in the article forces live video before that first order.
The interesting question here is not whether a first visit can be asynchronous. It is what happens on the fifth one. The article is permissive at the start and prescriptive once a condition refuses to resolve.
01
Asynchronous care is named in the law
The definitions reach medical services delivered by a physician at a distant site to a patient at an originating site through asynchronous or synchronous communications, so store-and-forward review is inside the regulated category rather than outside it.
Source: Ala. Code 34-24-70102
The counter starts at visit one
The trigger is written per patient and per condition, not per brand or per clinician team. A product that treats one unresolved complaint over a year of remote check-ins has to know which visit is the fifth one before it happens.
Source: Ala. Code 34-24-70303
A referral discharges the duty
The statute accepts either outcome: the treating physician sees the patient in person, or refers them to a physician who can provide in-person care within a reasonable time, which cannot exceed twelve months. A referral is therefore a designable path rather than a failure state.
Source: Ala. Board of Medical Examiners, telemedicine guidance04
Controlled drugs change the answer
The permissive first-visit position applies to a non-controlled prescription. Once a scheduled drug is in view, the visit must be synchronous and a qualifying in-person encounter must already sit in the previous twelve months.
Source: Ala. Code 34-24-704
PRESCRIBING
Prescriptions and controlled drugs in Alabama
A prescriber here carries a state certificate alongside the federal registration, works to a monitoring rule pegged to dose, and meets a separate chapter of board rules if the product treats weight.
01
A state certificate on top of the federal one
Prescribing, dispensing or distributing a controlled substance requires an annual state controlled substances certificate held alongside a current federal registration. It renews by the end of December each year, and the renewal certifies monitoring-database enrollment and continuing education in controlled-substance prescribing.
Source: Ala. Board of Medical Examiners, controlled substances certificate02
Weight drugs have their own chapter
Board Rule 540-X-17-.02 forbids ordering, prescribing or dispensing any Schedule II amphetamine or amphetamine-like anorectic drug for weight control, weight loss or the treatment of obesity. Non-narcotic Schedule II stimulants and sympathomimetic amine derivatives fall inside the same prohibition.
Source: Ala. Admin. Code r. 540-X-17-.0203
Weight treatment returns to the room
Where a controlled substance is continued for weight reduction, Rule 540-X-17-.05 caps the prescription at a thirty-five day supply and expects an in-person re-evaluation at least that often. A physician assistant or certified registered nurse practitioner may perform it, with the prescribing physician personally reviewing the resulting record before the drug continues.
Source: Ala. Admin. Code r. 540-X-17-.0504
Paper remains lawful for Schedule II
Board Rule 540-X-4-.06 accepts a Schedule II prescription either through an approved electronic prescribing platform or manually signed, which is unusual among states that have pushed scheduled drugs fully electronic. Pre-signed blanks and mechanically reproduced signatures are prohibited.
Source: Ala. Board of Medical Examiners, prescribing guidance05
Federal conditions sit on top
The federal telemedicine conditions for controlled substances run through December 31, 2026 and apply in addition to the state rules. The synchronous-contact and twelve-month conditions in the article are state law and do not lapse when the federal position changes.
Source: Center for Connected Health Policy: Alabama
Federal rules apply on top of every state's. Prescribing controlled substances by telehealth without an in-person visit runs on DEA flexibilities currently extended through December 31, 2026, with a permanent rule still pending.
LICENSES
Who can treat patients in Alabama
Licensing splits between the Board of Medical Examiners and the Medical Licensure Commission, and the state issues through the physician compact. Nurse practitioners work under collaboration, with a separate certificate before they touch controlled substances.
01
The threshold, then the license
Below the statutory volume an out-of-state physician needs nothing from the state. At or above it, the ordinary full license applies, and there is no standing telehealth credential that would substitute for one.
Source: Ala. Code 34-24-70202
Consulting has its own allowance
A physician licensed elsewhere who provides telehealth in consultation with a state-licensed physician is treated separately, and board guidance holds that allowance to ten days in a calendar year as well.
Source: Ala. Board of Medical Examiners, telemedicine guidance03
The compact route is open
The state issues physician licenses through the medical compact and takes part in the nursing, physician assistant, counseling, psychology and several therapy compacts, so a multi-discipline care team has more than one expedited path in.
Source: Center for Connected Health Policy: Alabama04
Nurse practitioners collaborate
Certified registered nurse practitioners practice in collaboration with a state-licensed physician under written protocols, which is why the national practice-environment survey places this state in the reduced class rather than the full one.
Source: AANP: full practice authority brief05
A second certificate for the team
A nurse practitioner or physician assistant prescribing Schedules III to V holds a qualified state controlled substances certificate, and Schedule II requires a further limited purpose permit naming board-approved drugs in thirty-day supplies with two reissues.
Source: Ala. Board of Medical Examiners, qualified certificate protocol
ADVERTISING
Marketing to patients in Alabama
There is no comprehensive state privacy act here, so marketing answers to the Medical Licensure Commission's conduct rules, the federal privacy floor, and a telephone solicitation act that reaches less far than brands often assume.
01
False claims reach the license
Commission Rule 545-X-4-.06(7) makes it unprofessional conduct to knowingly make a false, deceptive or misleading statement in any advertisement or commercial solicitation for professional services, including a statement about another physician or group.
Source: Ala. Admin. Code r. 545-X-4-.0602
No promise of a permanent cure
The same rule separately reaches a representation that a manifestly incurable condition can be permanently cured, or that any ailment yields to a secret method, procedure, treatment, medicine or device where that is not the fact.
Source: Ala. Admin. Code r. 545-X-4-.0603
Unlimited remote care overstates it
An offer built around indefinite virtual visits for one condition runs past the statute, because the fifth visit in a year for the same unresolved complaint has to be answered with a room or a referral. Mental health offers are the exception.
Source: Ala. Code 34-24-70304
Weight offers meet the drug rules
Copy that promises a fully remote course of a controlled weight-reduction drug conflicts with the thirty-five day in-person re-evaluation, and any Schedule II anorectic claim conflicts with the outright prohibition in the same chapter.
Source: Ala. Admin. Code r. 540-X-17-.0505
Marketing texts sit outside the state act
The state telephone solicitation act reaches voice calls, and a federal court sitting here held that it does not extend to text messages. Marketing texts therefore answer to the federal rules rather than to a state list.
Source: TCPAWorld on Underwood v. IFA Holdings (N.D. Ala.)
TESSIC HEALTH IN ALABAMA
How Tessic Health's providers cover Alabama
Because the binding constraints here are a counter and a look-back, both are kept in the record rather than in a policy document. Each line below answers a rule established above.
01
The chart counts the visits
Remote encounters are tallied against the patient and the specific unresolved condition, and before a fifth one inside twelve months the patient is booked for an in-person visit or referred to a local physician who can provide it. Behavioral health care is not tallied.
02
Scheduled drugs wait for two things
No controlled substance is written for a patient here unless the encounter is running on synchronous audio or audio-visual contact and a qualifying in-person encounter already sits inside the previous twelve months.
03
Both certificates before the first order
A prescriber treating patients here holds the annual state controlled substances certificate alongside the federal registration, is enrolled in the monitoring database, and searches it on the cadence the daily morphine milligram equivalent sets.
04
Weight products follow the chapter
Schedule II anorectic drugs are not prescribed to patients here at all, and where a controlled weight-reduction drug is continued the supply is held to thirty-five days with an in-person re-evaluation at that interval and the prescribing physician reviewing the record.
05
Where the medication comes from
Orders for patients here are filled by pharmacies permitted to ship into the state, priced at 0% markup, and anything requiring refrigeration moves under cold chain from the pharmacy to the door.
COMMON QUESTIONS
Questions about telehealth in Alabama
For a non-controlled prescription, yes. Asynchronous communication is named inside the statutory definition of telemedicine, and the relationship opens on a patient request or a referral. The clinician's own standard of care still governs whether that is enough for the condition in front of them.
If the same condition has not resolved, the patient must be seen in person or referred to a physician who can provide that care, within twelve months. The trigger is per patient and per condition, and mental health services are excluded from it.
Only on a synchronous visit, and only where the prescriber has had an in-person encounter with that patient in the previous twelve months. A video visit attended in person by a clinician licensed by the medical or nursing board can satisfy the in-person leg.
Not below the statutory threshold. A physician with a full license in another state may treat patients located here on fewer than ten days in a calendar year, or for fewer than ten patients in a calendar year, without a state license. Above that, a full license is required.
It depends on the dose. Under thirty morphine milligram equivalents a day the search follows good clinical practice, from thirty to ninety it happens at least twice a year with a documented risk plan, and above ninety it happens the same day each prescription is written.
Not if it is a controlled substance. The board chapter caps a continued weight-reduction prescription at a thirty-five day supply and expects an in-person re-evaluation at least that often, and Schedule II anorectic drugs may not be prescribed for weight at all.
SOURCES
- Ala. Code 34-24-703
- 30 Miss. Code R. 2635-5.5
- Tenn. Comp. R. & Regs. 0880-02-.16
- Ga. Comp. R. & Regs. 360-3-.07
- Fla. Stat. 456.47
- Ala. Code 34-24-702
- 30 Miss. Code R. 2635-5.2
- O.C.G.A. 43-34-31.1
- Ala. Code 34-24-704
- 30 Miss. Code R. 2640-1.4
- Tenn. Code 53-10-310
- Ga. Comp. R. & Regs. 360-3-.02
- Ala. Admin. Code r. 540-X-4-.09
- 30 Miss. Code R. 2640-1.3
- O.C.G.A. 16-13-63
- Fla. Stat. 893.055
- Ala. Board of Medical Examiners, telemedicine guidance
- Center for Connected Health Policy: Alabama
- Ala. Admin. Code r. 540-X-9-.01
- Ala. Code 34-24-701
- Ala. Board of Medical Examiners, controlled substances certificate
- Ala. Admin. Code r. 540-X-17-.02
- Ala. Admin. Code r. 540-X-17-.05
- Ala. Board of Medical Examiners, prescribing guidance
- AANP: full practice authority brief
- Ala. Board of Medical Examiners, qualified certificate protocol
- Ala. Admin. Code r. 545-X-4-.06
- TCPAWorld on Underwood v. IFA Holdings (N.D. Ala.)
Rules checked September 2026 · 28 sources cited. A planning summary, not legal advice. Statutes, board rules and enforcement priorities change; a brand's own counsel should review its model and marketing before launch.
OTHER STATES
Rules in other states
Each state page is researched from that state's own statutes and board rules.
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