KY · STATE RULES
Telehealth rules in Kentucky
Kentucky keeps one telehealth regulation for every licensed profession, which makes the rules unusually easy to find and unusually hard to route around. The sharper constraint is older and sits in the conduct statute, where prescribing in response to an electronic request demands verified identity, a documented diagnosis and a current record, and where an evaluation by questionnaire is declared inadequate not only for the first assessment but for every follow-up. Weight treatment adds numbers of its own.
- First visit
- Async with conditions
- Physician license
- IMLC member; state license
- Controlled drugs
- E-prescribing for II to V
- Nurse practitioners
- Reduced practice
Rules checked September 2026 · 24 sources cited
ONLY IN KENTUCKY
What is different about Kentucky
Each rule here is true of Kentucky and of none of the states that border it. Beside each one: what the neighbours do instead.
01 · First visit
A form cannot carry a refill
KRS 311.597 treats it as dishonorable conduct to prescribe in response to a communication transmitted or received by computer or other electronic means without verification that the person requesting medication is in fact who the patient claims to be, establishment of a documented diagnosis through accepted medical practices, and maintenance of a current medical record. The same provision then states that an electronic, on-line or telephonic evaluation by questionnaire is inadequate for the initial evaluation of the patient or for any follow-up evaluation, which places a tenth prescription under exactly the test that governed the first.
Source: KRS 311.597Across the border
Indiana
Indiana attaches its conditions to the drug class, requiring a real-time audio-video visit and a check of the state monitoring program before any controlled substance, and allowing opioids only for opioid use disorder.
Source: IC 25-1-9.5-8Ohio
Ohio accepts an asynchronous first encounter under the ordinary standard of care and saves its hard requirement for Schedule II, which needs an in-person examination when the patient is new.
Source: Ohio Admin. Code 4731-11-09West Virginia
West Virginia bars the questionnaire at the front door only, demanding a real-time encounter to begin treatment and then an in-person visit within twelve months of starting remote care.
Source: W. Va. Code 30-3-13aVirginia
Virginia lets a store-and-forward review stand where an existing history is available and an examination or testing is added when the standard of care calls for it, reserving audio-only contact for follow-ups.
Source: Center for Connected Health Policy: VirginiaTennessee
Tennessee halts an asynchronous review only when the transmitted material cannot support a diagnosis, at which point the physician must declare as much and send the patient for data, an examination or local care.
Source: Tenn. Comp. R. & Regs. 0880-02-.16Missouri
Missouri moved in the opposite direction, permitting treatment based on an intake form where a state-licensed entity delivers it and a report reaches the patient's regular physician inside fourteen days.
Source: RSMo 191.1146Illinois
Illinois leaves the modality open and puts its prescribing gate elsewhere, calling for a state controlled substance license, electronic transmission for Schedules II through V, and a monitoring check before a first narcotic.
Source: 720 ILCS 570/311.6
02 · Prescribing
A weight drug starts from numbers
201 KAR 9:016 puts a measured floor under controlled weight-loss prescribing: a body mass index of twenty-seven or more, or twenty-five to twenty-seven alongside a comorbid condition such as cardiovascular disease, diabetes mellitus, dyslipidemia, hypertension or sleep apnea. The same regulation asks for a history emphasizing cardiovascular illness, a complete physical examination, and laboratory work covering a complete blood count, fasting blood sugar, thyroid function, a lipid profile, serum potassium, and liver and renal function. A monitoring report for the twelve months before the encounter comes first, and carrying a Schedule III or IV amphetamine-like drug past three months has to be justified in the patient record.
Source: 201 KAR 9:016Across the border
Indiana
Indiana names no numerical threshold and asks instead for a thorough examination plus a documented, unsuccessful course of diet and exercise before an anorectic drug goes out.
Source: IC 35-48-3-11Ohio
Ohio sets the entry point higher, at a body mass index of thirty or twenty-seven with a comorbid condition, and stops treatment unless the patient sheds five percent of starting weight inside the first three months.
Source: Ohio Admin. Code 4731-11-04West Virginia
West Virginia carries no obesity drug series in its board rules and draws its remote prescribing line by schedule instead, refusing Schedule II to a patient treated only by telemedicine.
Source: W. Va. Code 30-3-13aVirginia
Virginia applies the same test to a weight medication as to any other scheduled drug, asking whether the prescriber keeps a practice location in the state or can refer the patient locally for an examination.
Source: Va. Code 54.1-3303Tennessee
Tennessee fixes no body mass threshold for anorectic drugs and holds the remote prescriber to the same standard of professional practice as a similar licensee working face to face.
Source: T.C.A. 63-1-155Missouri
Missouri legislates no weight threshold and has spent its recent lawmaking instead on opening an intake-form pathway supervised by a licensed entity.
Source: RSMo 191.1146Illinois
Illinois governs the same medications through registration and reporting, asking for a state controlled substance license and electronic transmission, with stimulants joining the monitoring check duty from January 1, 2027.
Source: 720 ILCS 570/311.6
03 · Practice
One telehealth rule for every profession
900 KAR 12:005 applies a single set of telehealth duties to health care providers across the licensed professions rather than leaving each board to draft its own. The regulation calls for non-public-facing technology products that comply with federal privacy law, and it lists live audio-video, asynchronous store-and-forward, remote patient monitoring, audio-only systems and clinical text chat among the secure ways a service may be delivered.
Source: 900 KAR 12:005Across the border
Indiana
Indiana writes its telehealth duties into the professions title and conditions remote care on a relationship the prescriber has already established, with notice to the patient's primary care provider where the patient agrees.
Source: IC 25-1-9.5-7Ohio
Ohio runs its duty through one statute covering the treating professions and requires patient identity and location to be verified and telehealth consent documented before treatment starts.
Source: Ohio Rev. Code 4743.09West Virginia
West Virginia locates its rule in the chapter shared by the licensing boards and makes a live encounter the gateway, with an in-person visit expected inside the first year of remote treatment.
Source: W. Va. Code 30-1-26Virginia
Virginia leans on board guidance rather than one cross-profession regulation, and that guidance confines audio-only encounters to follow-up care and conditions store-and-forward on an available history.
Source: Center for Connected Health Policy: VirginiaTennessee
Tennessee splits the work between a statute carrying the definitions and a medical board rule that pushes ordinary telephone calls, email and fax outside telemedicine altogether.
Source: Tenn. Comp. R. & Regs. 0880-02-.16Missouri
Missouri aims its newest provision at the delivery organization, allowing intake-form treatment where a licensed entity provides it and a report goes to the patient's usual physician.
Source: RSMo 191.1146Illinois
Illinois counts a telephone call as a telehealth encounter while leaving text messaging outside the definition, and it demands a state license to treat a patient located there.
Source: 225 ILCS 150/10
PRACTICE RULES
How telehealth works in Kentucky
Telehealth duties sit in one administrative regulation reaching every licensed profession, backed by a physician statute on consent and confidentiality. The definitions are deliberately broad and the technology requirement is narrow.
01
Consent before the service
The informed consent of the patient, or of another person with authority to make the treatment decision, is obtained before services are provided through telehealth, and the cross-profession regulation repeats that duty for every provider it covers.
Source: KRS 311.597502
Only private tools
Services must run on non-public-facing technology products that comply with federal privacy law, which excludes the consumer platforms that expose a session to people outside the encounter.
Source: 900 KAR 12:00503
Audio-only is a last resort
An audio-only encounter is a recognized mode, yet providers are strongly encouraged to reach for it only when no other approved mode is available, and the lower of two rates applies where an audio-only code and a telephonic code both exist.
Source: Center for Connected Health Policy: Kentucky04
The definition is wide on purpose
Telehealth means delivering health care through telecommunication technologies including synchronous and asynchronous technology, remote patient monitoring and audio-only encounters, so the live question is rarely whether a mode counts.
Source: Center for Connected Health Policy: Kentucky
FIRST VISIT
Can a first visit happen without a live call in Kentucky?
Yes, with conditions
Yes, but never on a form alone. No statute here orders a prior in-person visit, and yet a prescription that follows an electronic questionnaire fails the conduct standard whether it is the patient's first prescription or a routine repeat.
The interesting part of the rule is not the first visit but the refill. States that distrust questionnaires usually aim the prohibition at the moment a relationship begins; here the same sentence reaches every follow-up evaluation as well.
01
Identity comes first
Before a prescription follows an electronic request, the licensee verifies that the person asking for medication is in fact the patient, a step that lives in the chart as much as in the clinical judgment.
Source: KRS 311.59702
A documented diagnosis
A diagnosis established through accepted medical practices has to be recorded in a current medical record, so the file shows the reasoning behind the prescription rather than the outcome alone.
Source: KRS 311.59703
Follow-ups are not exempt
Because the questionnaire language covers any follow-up evaluation, a repeat cycle built on a short re-check form needs a genuine exchange with the provider, with photographs or a live encounter where the condition calls for them.
Source: KRS 311.59704
No in-person precondition
Nothing in the framework requires a prior consultation in an office, and reimbursement may not be refused merely because a practitioner and a patient never met face to face.
Source: Center for Connected Health Policy: Kentucky
PRESCRIBING
Prescriptions and controlled drugs in Kentucky
Remote prescribing meets three separate systems here: the conduct rule governing electronic requests, the electronic transmission duty for scheduled drugs, and a weight-management regulation carrying numbers of its own.
01
Scheduled drugs travel electronically
Prescriptions in Schedules II through V are transmitted electronically, with hardship and technology waivers of limited duration granted under the pharmacy regulation rather than assumed by the prescriber.
Source: 902 KAR 55:13002
The weight-loss workup
Before a controlled weight-loss medication, the prescriber documents a history weighted toward cardiovascular illness, a physical examination, a psychiatric history noting depression, paranoia, psychosis or chemical dependency, and the laboratory panel the regulation lists.
Source: 201 KAR 9:01603
When the medication has to stop
Treatment ends where the patient does not comply with the weight-loss plan, reaches a normal body mass index or body fat level, regains weight while taking the drug, or obtains the substance from another provider.
Source: 201 KAR 9:01604
A monitoring report twice over
A report covering the twelve months before the encounter is pulled at the outset, and a current report is reviewed again before treatment is allowed to continue past the three-month mark.
Source: 201 KAR 9:01605
Federal conditions apply too
Scheduled prescriptions also answer to the federal telemedicine conditions, which sit alongside the state duties, and the federal allowances permitting remote scheduled prescribing carry an expiry date.
Source: Center for Connected Health Policy: Kentucky
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 Kentucky
A state license or a recognized compact is the price of treating a patient located here, and no telehealth-only credential exists. Nurse practitioner prescribing runs through written agreements with a physician that time can release.
01
Compacts count
A state agency may not prohibit telehealth delivered to a person located here by a provider practicing under a recognized interstate compact, and membership spans compacts covering physicians, nurses, psychologists and several therapy professions.
Source: Center for Connected Health Policy: Kentucky02
Two agreements before prescribing
An advanced practice registered nurse executes a written collaborative agreement with a physician before prescribing nonscheduled legend drugs, and a second, separate agreement before prescribing anything in Schedules II through V.
Source: KRS 314.04203
Four years, then release
After four years of prescribing, the nonscheduled agreement falls away once the board has been notified, while the controlled substance agreement ends only where the board approves a written request, and either may be kept voluntarily.
Source: KRS 314.04204
Coursework follows the database
Controlled substance prescribers devote four and a half of their sixty continuing education hours each three-year cycle to the monitoring system, pain management or addiction disorders.
Source: 201 KAR 9:31005
A state office for telehealth
Telehealth policy has a division of its own inside the Office of Inspector General, which is where operating guidance is published rather than in a single licensing board's newsletter.
Source: Center for Connected Health Policy: Kentucky
ADVERTISING
Marketing to patients in Kentucky
Marketing answers to a consumer data statute in force since the start of this year, to the discipline grounds in the medical practice chapter, and to two telehealth duties that reach how a service is sold as much as how it is delivered.
01
Fraud and split fees
The board is directed to write regulations preventing abuse, fraud and the splitting of fees through telehealth services, which places a referral or marketing fee arrangement squarely inside the telehealth rulebook.
Source: KRS 311.597502
Federal claims rules by reference
Providers must comply with the False Claims Act, the Anti-Kickback Statute and physician self-referral law, so federal enforcement standards arrive here as a condition of a state license.
Source: 900 KAR 12:00503
Consent before health data
The consumer data statute, in force since the first day of January 2026, treats health information as sensitive and requires consent before it is processed, with enforcement reserved to the attorney general and no private lawsuit available.
Source: Attorney General: Consumer Data Protection Act04
Do not promise an automatic refill
Since a questionnaire is inadequate for any follow-up evaluation, a page advertising repeat prescriptions issued from a short re-check form describes something the conduct standard does not allow.
Source: KRS 311.597
TESSIC HEALTH IN KENTUCKY
How Tessic Health's providers cover Kentucky
Two rules drive the product here: the conduct standard reaching every follow-up evaluation, and the weight-management numbers that decide whether a controlled anorectic may be started at all.
01
Repeats get a real review
A repeat prescription for a patient here follows an exchange with the provider instead of a re-check form, with photographs or a live encounter added where the condition calls for them.
02
Identity is verified on the record
Each remote encounter records the step confirming that the person requesting medication is the patient, because the conduct standard makes that verification a condition of prescribing electronically.
03
Weight treatment starts from measurements
A controlled weight-loss medication is started only where the documented body mass index, comorbid conditions and laboratory results satisfy the regulation, and a monitoring report is pulled before the first prescription goes out.
04
Three months triggers a written review
Continuing a controlled anorectic past three months produces a recorded justification and a fresh monitoring report, and the medication is stopped where the regulation's ending conditions are met.
05
Private tools, electronic scripts
Encounters run on non-public-facing, privacy-compliant technology, and scheduled prescriptions leave the system electronically because the state requires electronic transmission across Schedules II through V.
COMMON QUESTIONS
Questions about telehealth in Kentucky
No. The conduct statute says an electronic, on-line or telephonic evaluation by questionnaire is inadequate for the initial evaluation and for any follow-up evaluation. A repeat prescription therefore needs a real exchange with the provider, not a tick-box form.
Yes. No statute here requires a prior in-person consultation, and payment cannot be refused merely because the patient and practitioner never met face to face. The first encounter still has to produce verified identity, a documented diagnosis and a current record.
A licensee who has documented the numbers the regulation asks for: a body mass index of twenty-seven or more, or twenty-five to twenty-seven with a qualifying comorbid condition, plus a history, an examination and a laboratory panel. A monitoring report covering the previous twelve months is obtained before the prescription.
Yes. Informed consent from the patient, or from a person authorized to make the treatment decision, is obtained before services are delivered through telehealth. The cross-profession regulation repeats the duty and ties it to the confidentiality requirements of federal privacy law.
Not at first. A written collaborative agreement with a physician is needed for nonscheduled legend drugs and a separate agreement for Schedules II through V. After four years of prescribing the nonscheduled agreement ends on notice to the board, and the controlled substance agreement ends only if the board approves the request.
Non-public-facing products that meet federal privacy law. The regulation names live audio-video, asynchronous store-and-forward, remote patient monitoring, audio-only systems and clinical text chat as delivery modes. Audio-only is meant for occasions when no other approved mode is available.
SOURCES
- KRS 311.597
- IC 25-1-9.5-8
- Ohio Admin. Code 4731-11-09
- W. Va. Code 30-3-13a
- Center for Connected Health Policy: Virginia
- Tenn. Comp. R. & Regs. 0880-02-.16
- RSMo 191.1146
- 720 ILCS 570/311.6
- 201 KAR 9:016
- IC 35-48-3-11
- Ohio Admin. Code 4731-11-04
- Va. Code 54.1-3303
- T.C.A. 63-1-155
- 900 KAR 12:005
- IC 25-1-9.5-7
- Ohio Rev. Code 4743.09
- W. Va. Code 30-1-26
- 225 ILCS 150/10
- KRS 311.5975
- Center for Connected Health Policy: Kentucky
- 902 KAR 55:130
- KRS 314.042
- 201 KAR 9:310
- Attorney General: Consumer Data Protection Act
Rules checked September 2026 · 24 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.
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Rules in other states
Each state page is researched from that state's own statutes and board rules.
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