Tessic Health

NY · STATE RULES

Telehealth rules in New York

Every prescription written for a New York patient must be electronic, controlled or not. New York lists testosterone in Schedule II, stricter than the federal schedule, and its I-STOP registry must be checked within 24 hours before any Schedule II–IV prescription. Physician ads may not use testimonials. New York sits outside the medical licensure compact and requires a full New York license, and only licensed physicians may own the practice that a brand's MSO supports.

Book a DemoAll states
First visit
Async allowed
Physician license
NY license only; no IMLC
Controlled drugs
Testosterone is Schedule II
Nurse practitioners
Full practice

Rules checked September 2026 · 41 sources cited

ONLY IN NEW YORK

What is different about New York

Each rule here is true of New York and of none of the states that border it. Beside each one: what the neighbours do instead.

  1. 01 · Prescribing

    Every prescription is electronic

    Public Health Law 281 requires every prescription issued in New York to be electronic, whether or not the drug is controlled. Paper, oral or fax prescriptions are allowed only in listed cases: a technology failure, a pharmacy outside New York, a delay that would harm the patient, or a Department of Health waiver lasting up to one year.

    Source: N.Y. Public Health Law 281

    Across the border

    • New Jersey

      New Jersey has no e-prescribing mandate; Board of Medical Examiners rule N.J.A.C. 13:35-7.4A says a practitioner may transmit an electronic prescription, which leaves a paper prescription lawful for any drug.

      Source: N.J.A.C. 13:35-7.4A

    • Pennsylvania

      Pennsylvania's Act 96 requires electronic prescriptions only for Schedule II–V controlled substances, so a prescription for a non-controlled drug such as semaglutide or finasteride may still be written on paper.

      Source: Pa. Department of Health, Act 96 e-prescribing

    • Connecticut

      Connecticut's C.G.S. 21a-249 requires electronic transmission of controlled-substance prescriptions only; prescriptions for other drugs sit outside the state mandate and may still reach the pharmacy on paper.

      Source: C.G.S. 21a-249

    • Massachusetts

      Massachusetts requires e-prescriptions for all controlled substances and medical devices under M.G.L. c.94C §23; a non-controlled drug that is not a device falls outside the state mandate.

      Source: M.G.L. c.94C §23

    • Vermont

      Vermont law puts no electronic-transmission duty on prescriptions for non-controlled drugs, so a paper prescription for a drug such as finasteride or semaglutide stays lawful for a Vermont patient.

  2. 02 · Prescribing

    Testosterone is Schedule II here

    New York lists testosterone and other anabolic steroids in Schedule II (Public Health Law 3306, Schedule II(h)); federal law places them in Schedule III. New York's Schedule II rules then apply: no refills (PHL 3339), and a 30-day supply unless the prescription names a condition the Commissioner of Health lists for up to six months (PHL 3332).

    Source: N.Y. Public Health Law 3306, Schedule II(h)

    Across the border

    • New Jersey

      New Jersey's drug director controls a substance in the same schedule the federal government assigns (N.J.S.A. 24:21-3), so testosterone is a Schedule III drug there, matching 21 CFR 1308.13.

      Source: N.J.S.A. 24:21-3

    • Pennsylvania

      Pennsylvania's own controlled-substance act names testosterone and testosterone-like compounds in Schedule III (35 P.S. 780-104), the tier the DEA uses, so refills and longer supplies stay available.

      Source: 35 P.S. 780-104

    • Connecticut

      Connecticut controls a federally scheduled drug in the same numerical schedule by default (C.G.S. 21a-243), which leaves testosterone in Schedule III as the DEA lists it.

      Source: C.G.S. 21a-243

    • Massachusetts

      Massachusetts may schedule only drugs covered by the federal act or by state findings (M.G.L. c.94C §3), and its statutory drug classes name no anabolic steroid; testosterone is handled as federal Schedule III.

      Source: M.G.L. c.94C §3

    • Vermont

      Vermont's drug statute does not list anabolic steroids among its regulated drugs (18 V.S.A. 4201), so testosterone prescribing there follows the federal Schedule III listing in 21 CFR 1308.13(f).

      Source: 21 CFR 1308.13(f)

  3. 03 · Prescribing

    Check the drug registry every time

    Before prescribing any Schedule II, III or IV controlled substance, a New York practitioner or a designee must consult the I-STOP prescription monitoring registry (PHL 3343-a), and the history must be pulled no more than 24 hours beforehand (10 NYCRR 80.63). The duty covers every such prescription, including phentermine (Schedule IV) and testosterone.

    Source: 10 NYCRR 80.63

    Across the border

    • New Jersey

      New Jersey requires a PMP check the first time a patient receives a Schedule II drug, an opioid or a benzodiazepine, then quarterly; phentermine triggers a check only when misuse is suspected (N.J.S.A. 45:1-46.1).

      Source: N.J.S.A. 45:1-46.1

    • Pennsylvania

      Pennsylvania requires a PDMP query each time an opioid or benzodiazepine is prescribed and the first time a prescriber gives a patient any controlled substance, not before every Schedule II–IV prescription.

      Source: Pa. Department of Health, PDMP prescriber duties

    • Connecticut

      Connecticut requires a prescription monitoring review only before a controlled-substance supply longer than 72 hours, then at least every 90 days for ongoing treatment (C.G.S. 21a-254(j)).

      Source: C.G.S. 21a-254

    • Massachusetts

      Massachusetts requires a prescription monitoring program check each time a Schedule II or III narcotic or a benzodiazepine is prescribed (M.G.L. c.94C §24A); non-narcotic drugs such as phentermine sit outside the statutory mandate.

      Source: M.G.L. c.94C §24A

    • Vermont

      Vermont ties VPMS queries to pain treatment: the first opioid prescription for chronic pain, any Schedule II–IV drug started for pain therapy of 90 days or more, and yearly for ongoing opioid patients (18 V.S.A. 4289).

      Source: 18 V.S.A. 4289

  4. 04 · Advertising

    Ads cannot use patient testimonials

    Education Law 6530(27) makes advertising that uses testimonials professional misconduct for New York physicians, and the same subdivision bars bonuses or inducements in any form other than a discount or reduction in an established fee. Patient quotes and success stories in ads for a New York physician practice fall within that text.

    Source: N.Y. Education Law 6530(27)

    Across the border

    • New Jersey

      New Jersey allows testimonials that truthfully reflect a patient's experience; a paid one must carry the words "COMPENSATION HAS BEEN PROVIDED FOR THIS TESTIMONIAL" (N.J.A.C. 13:35-6.10).

      Source: N.J.A.C. 13:35-6.10

    • Pennsylvania

      Pennsylvania's Board of Medicine rule reaches advertising of a medical business that is intended to or tends to deceive the public (49 Pa. Code 16.61); it contains no testimonial ban.

      Source: 49 Pa. Code 16.61

    • Connecticut

      Connecticut's physician discipline statute, C.G.S. 20-13c, lists no advertising or testimonial ground among its bases for restricting, suspending or revoking a license.

      Source: C.G.S. 20-13c

    • Massachusetts

      Massachusetts rule 243 CMR 2.07(11) bars false or deceptive ads, cure guarantees and unprovable superiority claims, and requires ad copies kept three years, but says nothing about testimonials.

      Source: 243 CMR 2.07(11)

    • Vermont

      Vermont's unprofessional-conduct statute, 26 V.S.A. 1354, reaches ads that deceive the public or impose on credulous or ignorant persons, with no rule on testimonials.

      Source: 26 V.S.A. 1354

PRACTICE RULES

How telehealth works in New York

New York's telehealth statute is Public Health Law Article 29-G, and physician conduct is judged under the misconduct list in Education Law 6530. Ownership, deal-notice and lab rules come from separate New York statutes, and each one shapes how a brand's MSO and friendly PC are built.

  1. 01

    Four ways to hold a visit

    Public Health Law 2999-cc defines telehealth to include two-way audio-video telemedicine, store-and-forward transmission of patient images or pre-recorded video, remote patient monitoring and audio-only telephone communication. Physicians, physician assistants and nurse practitioners are all named as telehealth providers in the same section.

    Source: N.Y. Public Health Law 2999-cc

  2. 02

    Same misconduct test on a screen

    Education Law 6530 has no telehealth exception. Negligence on more than one occasion (6530(3)), gross negligence on a single occasion (6530(4)) and a record that fails to reflect the evaluation and treatment of the patient (6530(32)) are misconduct whether the New York visit happened in an office or over video.

    Source: N.Y. Education Law 6530

  3. 03

    Only licensed doctors own the practice

    A New York professional service corporation may issue shares only to individuals licensed to practise its profession in New York (Business Corporation Law 1507). A brand or MSO cannot hold equity in the medical practice, and management fees that take a share of professional fees run into the fee-splitting ban in Education Law 6530(19).

    Source: N.Y. Business Corporation Law 1507

  4. 04

    Notice before large deals

    Public Health Law Article 45-A names management services organizations as health care entities. A merger, acquisition or affiliation that adds $25 million or more in New York revenue needs notice to the Department of Health at least 30 days before closing; the department sends it to the Attorney General and posts a public summary for comment.

    Source: N.Y. Public Health Law Article 45-A

  5. 05

    Limits on at-home lab tests

    Any lab testing a specimen from New York needs a New York State clinical laboratory permit, even if it sits in another state (PHL 574). A patient may request a test without a clinician's order only when the FDA clears the same kind of test for over-the-counter sale (PHL 576-b); other panels need an authorized practitioner's order.

    Source: N.Y. Public Health Law 576-b

FIRST VISIT

Can a first visit happen without a live call in New York?

Yes

Yes. No New York statute or board rule requires a live exam before a first non-controlled prescription, and PHL 2999-cc counts store-and-forward review as telehealth; the prescriber still answers under Education Law 6530 if the review falls short.

New York regulates the first visit through its general misconduct law rather than a telehealth exam rule. That leaves the choice of modality, and the risk of a thin review, with the prescribing clinician.

  1. 01

    Photo reviews count as telehealth

    PHL 2999-cc defines store-and-forward technology as the asynchronous electronic transmission of patient-specific digital images or pre-recorded videos. A hair-loss or skin review built on patient photos and a history form therefore sits inside New York's statutory definition of telehealth.

    Source: N.Y. Public Health Law 2999-cc

  2. 02

    No written exam rule

    The Center for Connected Health Policy's review of New York law finds no provision governing online prescribing or requiring a prior exam. Discipline instead turns on Education Law 6530, so a questionnaire-only decision is tested against negligence and the duty to keep a record of the evaluation.

    Source: CCHP policy finder, New York

  3. 03

    Phone-only visits and Medicaid

    PHL 2999-cc lists audio-only telephone communication as telehealth. For New York Medicaid members, 18 NYCRR 538 pays for audio-only only when the service works without video and audio is the sole available modality or the patient's preference, with the clinical reason recorded in the chart.

    Source: CCHP policy finder, New York

PRESCRIBING

Prescriptions and controlled drugs in New York

New York layers its own systems over federal DEA rules: e-prescribing for every drug, the I-STOP registry and a state drug schedule that departs from the federal one. Hormone and weight-loss brands meet all three.

  1. 01

    Register the e-prescribing software

    A New York prescriber sending controlled-substance e-prescriptions first files a Practitioner EPCS Registration with the Department of Health's Bureau of Narcotic Enforcement, naming the certified software. A prescriber issuing fewer than 25 prescriptions a year may instead certify out of the mandate under PHL 281, renewable up to three times.

    Source: NYSED, mandatory electronic prescribing

  2. 02

    When the registry check can wait

    PHL 3343-a excuses the I-STOP lookup for hospice patients, for emergency-department prescriptions of five days or less, when the registry is down, and under a commissioner's waiver. A designee in the same practice may run the lookup, but the decision to prescribe stays with the practitioner.

    Source: N.Y. Public Health Law 3343-a

  3. 03

    Seven-day cap on a first opioid

    A first prescription for acute pain may not exceed a seven-day supply of any Schedule II, III or IV opioid (PHL 3331). Other New York controlled prescriptions are capped at 30 days, or three months when the Commissioner of Health lists the condition and the prescriber writes it on the prescription (PHL 3332).

    Source: N.Y. Public Health Law 3331

  4. 04

    Refill limits

    A New York Schedule II prescription cannot be refilled, and the commissioner may extend the ban to chosen Schedule III and IV drugs (PHL 3339). Authorized refills on other controlled drugs lapse six months after signing, cannot be filled more than seven days early, and a supply over 30 days may be refilled only once.

    Source: N.Y. Public Health Law 3339

  5. 05

    Three-hour opioid course

    Every New York licensee holding a DEA registration completes three hours of coursework in pain management, palliative care and addiction once every three years (PHL 3309-a). Topics include state and federal controlled-substance rules, acute pain, and screening for addiction.

    Source: N.Y. Public Health Law 3309-a

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 New York

New York licenses its own physicians and has not joined the Interstate Medical Licensure Compact (IMLC, a faster path to multistate physician licenses). Physician assistant and nurse practitioner rules also carry New York-only numbers.

  1. 01

    A New York license is required

    The NYSED Office of the Professions requires full licensure and current registration for anyone practising in New York, unless an executive order during a declared disaster suspends the rule. Its telepractice guidance offers no exception for an out-of-state clinician treating a patient located in New York.

    Source: NYSED Office of the Professions, telepractice guidance

  2. 02

    Not in the doctor compact

    New York has not enacted the IMLC, so a physician cannot use a compact letter of qualification to get a New York license and applies to NYSED directly. New Jersey, Pennsylvania, Connecticut and Vermont participate, though Vermont cannot serve as a physician's state of principal licensure.

    Source: CompHealth, IMLC member states

  3. 03

    Nurse practitioners after 3,600 hours

    Under Education Law 6902(3), a nurse practitioner with more than 3,600 hours of practice may work without a written practice agreement but must keep collaborative relationships with a qualified physician or hospital and sign a state attestation form describing them. That New York provision now runs until July 1, 2030.

    Source: N.Y. Education Law 6902

  4. 04

    Limits on physician assistants

    New York physician assistants work under continuous physician supervision that does not require the physician on site (Education Law 6542). In a private practice one physician may supervise no more than six physician assistants at a time; hospitals are exempt from that cap.

    Source: N.Y. Education Law 6542

  5. 05

    Infection control every four years

    Every physician and physician assistant practising in New York completes approved coursework in infection control and barrier precautions every four years (PHL 239). It sits alongside, not in place of, the three-hour controlled-substance course under PHL 3309-a.

    Source: N.Y. Public Health Law 239

ADVERTISING

Marketing to patients in New York

New York polices physician marketing through the misconduct list in Education Law 6530 and consumer statutes in the General Business Law. The testimonial ban above is the sharpest limit for brands used to review-led creative.

  1. 01

    Discounts yes, bonus gifts no

    Education Law 6530(27) bars bonuses or inducements in any form other than a discount or reduction in an established fee or price. A lower first-month fee fits that exception; a gift card or free product offered for booking a New York visit sits on the prohibited side of the text.

    Source: N.Y. Education Law 6530(27)

  2. 02

    Keep every ad for a year

    Licensees must keep an exact copy of each advertisement, transcript, tape or videotape for one year after it last appears, ready for New York Education Department inspection (Education Law 6530(27)). For a telehealth brand that means archiving each paid social variant, not just the campaign brief.

    Source: N.Y. Education Law 6530(27)

  3. 03

    No paying for patients

    Education Law 6530(19) lets a physician share professional fees only with a partner, employee, associate in the professional firm, or a professional subcontractor or consultant authorized to practise medicine. A per-visit cut paid to a marketer, affiliate or lead seller for New York patients falls outside that list.

    Source: N.Y. Education Law 6530(19)

  4. 04

    False ads break state law

    General Business Law 350 declares false advertising in any business or service in New York unlawful. Education Law 6530(27) adds a professional standard, treating ads that are sensational or flamboyant, guarantee a service, or make claims the licensee cannot substantiate as misconduct.

    Source: N.Y. General Business Law 350

  5. 05

    Health data bill waits on the Governor

    The Governor vetoed New York's first Health Information Privacy Act (S929, veto memo 135). A revised bill, S9269, passed the Senate on June 3, 2026 and the Assembly on June 4, 2026, and had not become law at this September 2026 review. As passed, it would bar using health data for marketing without a separate, explicit authorization.

    Source: N.Y. Senate Bill S9269

TESSIC HEALTH IN NEW YORK

How Tessic Health's providers cover New York

Tessic Health's providers who treat New York patients hold New York licenses and are credentialed under the brand's friendly PC, owned by a New York-licensed physician. The New York patient list, charts and data belong to the brand, not to Tessic Health.

  1. 01

    Every order goes out electronically

    Each prescription a Tessic Health provider writes for a New York patient, including non-controlled drugs such as semaglutide or finasteride, is sent as an e-prescription. Controlled prescriptions go through certified EPCS software registered with the Bureau of Narcotic Enforcement.

  2. 02

    Registry checked within 24 hours

    Tessic Health's providers pull the patient's I-STOP history no more than 24 hours before any Schedule II–IV prescription, which in New York includes testosterone, and note the lookup in the chart.

  3. 03

    Testosterone written to state rules

    Testosterone for a New York patient is prescribed under New York's Schedule II rules: no refills, a new e-prescription for each fill, and a 30-day supply unless a listed condition supports up to six months and is named on the prescription.

  4. 04

    Labs that hold a state permit

    Lab panels for New York patients are ordered by the treating Tessic Health provider and run by laboratories holding a New York State clinical laboratory permit, so hormone and metabolic panels never rely on the narrow patient-requested testing exception.

  5. 05

    Pharmacies registered to ship here

    Pharmacies filling Tessic Health prescriptions for New York patients, at 0% markup, hold a New York nonresident establishment registration under Education Law 6808-b, keep records of drugs shipped into the state and print a toll-free number on each container.

COMMON QUESTIONS

Questions about telehealth in New York

  • Yes, for non-controlled drugs, if the review meets the standard of care. New York has no exam-before-prescribing rule for telehealth, PHL 2999-cc counts store-and-forward photos and video as telehealth, and Education Law 6530 judges the outcome as it would an office visit.

  • Not on a New Jersey license alone. New York is not in the medical licensure compact, and NYSED requires full New York licensure and current registration for practice in the state, with no out-of-state telehealth exception.

  • Only in listed cases. PHL 281 requires every prescription to be electronic; paper, oral or fax is allowed for a technology failure, a pharmacy outside New York, a delay that would harm the patient, or a Department of Health waiver of up to one year.

  • Yes. New York lists testosterone in Schedule II (PHL 3306) rather than the federal Schedule III, so prescriptions cannot be refilled (PHL 3339), are capped at 30 days unless a listed condition allows six months, and need an I-STOP check each time.

  • No, not in physician advertising. Education Law 6530(27) lists advertising that uses testimonials as professional misconduct, and it also bars bonuses or inducements other than a discount off an established fee.

  • It does when the deal is big enough. Article 45-A names management services organizations as health care entities, and a New York transaction adding $25 million or more in revenue needs notice to the Department of Health 30 days before closing.

SOURCES

Rules checked September 2026 · 41 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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