California Telemedicine Laws: Licensure, Prescribing, Parity
How California regulates telemedicine in 2026 — full licensure, no IMLC, the AB 1369 exemption, consent rules, Medi-Cal audio-only parity, and payment parity.
Table of contents
California is a full-licensure state with no compact shortcut, a broad and mature parity regime on both the commercial and Medicaid sides, and one genuinely unusual door: a 2024 exemption that lets out-of-state specialists treat Californians with immediately life-threatening conditions without a California license. If your patient is sitting in California, plan on a California license — and then plan on getting paid at the in-person rate.
Here is the quick reference, then the detail.
| Question | California's answer |
|---|---|
| License required for CA patients? | Yes — full CA licensure |
| Interstate Medical Licensure Compact? | No — not a member, no active legislation |
| Telehealth-specific registration? | None; narrow statutory exemptions only |
| Consent required? | Yes — verbal or written, documented (§ 2290.5) |
| Medicaid audio-only? | Yes — paid at parity with in-person |
| Private-payer payment parity? | Yes — same service, same rate |
Licensure: full license, narrow exceptions
The Medical Board of California's position is plain: physicians using telehealth to treat patients located in California must hold a valid, current California license. The physician does not need to live in California, and the standard of care is the same as for an in-person visit.
California is not a member of the Interstate Medical Licensure Compact and has no IMLC bill moving, which puts it alongside New York among large states outside the compact. It is also not in the Physical Therapy Compact. For nursing, psychology, and counseling, check the relevant board directly rather than assuming compact privileges apply. There is no telehealth-specific registration pathway of the kind Florida offers.
The exemptions are limited. Under Bus. & Prof. Code § 2060, an out-of-state physician may act in actual consultation with a California-licensed practitioner, but may not open an office, receive calls from patients in the state, give orders, or hold ultimate authority over the patient's care. The newer one is § 2052.5, added by AB 1369, effective January 1, 2024. It allows an "eligible out-of-state physician and surgeon" — licensed in good standing in another state, no history of discipline, with expertise in the patient's illness — to practice medicine in California if the practice is limited to telehealth for an "eligible patient." The patient must have an immediately life-threatening disease or condition, provide written informed consent to telehealth and to records release, have documentation from a California primary physician attesting to eligibility, and have been unable to enroll in a nearby clinical trial within a week or unable to reasonably participate in one. The statute itself creates no Board registration step; verify current procedures with the Board before relying on it.
Behavioral health has its own small opening. Bus. & Prof. Code § 4980.11 lets an out-of-state marriage and family therapist treat an established client who is temporarily in California for up to 30 consecutive days in a calendar year, with advance notice to the Board of Behavioral Sciences and required disclosures to the client; CCHP reports parallel provisions for clinical social workers and professional clinical counselors. The MFT provision sunsets January 1, 2030. See our cross-state licensing tracker.
Prescribing: telehealth can be the exam
California does not require an in-person visit before prescribing by telehealth. Bus. & Prof. Code § 2242 makes prescribing dangerous drugs "without an appropriate prior examination and a medical indication" unprofessional conduct — and then states that the appropriate examination "does not require a synchronous interaction between the patient and the licensee and can be achieved through the use of telehealth," including a questionnaire or self-screening tool, provided the licensee meets the standard of care. That is a permissive baseline; the constraint is clinical judgment, not a procedural gate.
California has no telehealth-specific schedule restriction in the Medical Practice Act comparable to Florida's Schedule II rule. Two general overlays apply to controlled substances regardless of modality. Prescribers must consult the CURES prescription-monitoring database before prescribing a Schedule II, III, or IV substance for the first time and at least every six months thereafter, subject to statutory exemptions (Health & Safety Code § 11165.4). And since January 1, 2023, prescriptions must generally be issued electronically under Bus. & Prof. Code § 688, again with listed exemptions. For telepsychiatry groups, the practical ceiling is federal: DEA's telemedicine flexibilities are currently extended through the end of 2026, and our DEA prescribing report tracks that side — verify current status before relying on it.
Consent: verbal or written, always documented
Section 2290.5(b) sets the rule. Before delivering care by telehealth, the provider must inform the patient about the use of telehealth and obtain verbal or written consent to it as an acceptable mode of care, and "the consent shall be documented." A general consent agreement that specifically names telehealth satisfies the requirement for Medi-Cal purposes, and the documentation must be available to DHCS on request.
Medi-Cal layers on additional disclosures under Welf. & Inst. Code § 14132.725: the patient's right to in-person services, that telehealth is voluntary and consent can be withdrawn at any time, and that Medi-Cal covers transportation to in-person visits. The provider documents both the disclosure and the patient's verbal or written acknowledgment.
Medi-Cal: broad coverage, audio-only at parity
Live video bills with modifier 95, audio-only with modifier 93, and asynchronous store-and-forward (including e-consult) with modifier GQ; specialty mental health and substance use disorder programs use GT and SC instead. Remote patient monitoring is covered for established patients, with verbal consent acceptable if documented alongside the clinical justification. The originating site is not limited — the patient's home qualifies — and providers do not need to document a barrier to an in-person visit.
Payment parity is statutory: under § 14132.725, fee-for-service Medi-Cal pays synchronous video and audio-only services at amounts not less than the in-person rate. The guardrails sit around new patients. A relationship can be established by video, but by audio-only only for sensitive services, at the patient's request, or when the patient lacks video access, and not by asynchronous means at all. Synchronous providers must also keep protocols to offer in-person care or arrange a referral. FQHCs and RHCs follow separate rules. Confirm plan-specific policies for managed care.
Private insurance: coverage and payment parity
California has both kinds of parity. Health & Safety Code § 1374.14 (health plans regulated by DMHC) and Insurance Code § 10123.855 (insurers regulated by CDI) require coverage of telehealth "on the same basis and to the same extent" as in-person care, and go further: "Services that are the same, as determined by the provider's description of the service on the claim, shall be reimbursed at the same rate whether provided in person or through telehealth." Copayments and coinsurance may not exceed the in-person amount, and telehealth counts toward the same deductible and maximums. The payment parity language took effect January 1, 2022. It does not reach Medi-Cal managed care plans, which follow DHCS policy, and it generally does not govern self-funded employer plans regulated under federal law. Our reimbursement guide covers how state parity interacts with Medicare and commercial billing.
What to watch
Three items are live. SB 1002 would have extended the § 2052.5 exemption to patients whose life-threatening condition is in remission and who are continuing care with the same out-of-state physician; it had not passed as of this writing and may return. AB 688, chaptered in October 2025, requires DHCS to publish biennial reports on Medi-Cal telehealth utilization beginning in 2028. And the federal DEA rulemaking governs what California's permissive prescribing baseline is worth for controlled substances. Verify current requirements with the Medical Board of California and DHCS before acting — and compare California's approach with the rest of the country in the national overview.
Frequently asked questions
- Can an out-of-state doctor treat a patient located in California by telehealth?
- Generally no. California requires a California medical license to treat a patient physically located in the state, and it does not belong to the Interstate Medical Licensure Compact. The exceptions are narrow: consultation with a California-licensed physician, and the AB 1369 exemption for patients with an immediately life-threatening condition.
- What is the AB 1369 telehealth exemption?
- Since January 1, 2024, Bus. & Prof. Code § 2052.5 lets a physician licensed in good standing in another state, with no history of discipline and expertise in the patient's illness, deliver telehealth to a California patient with an immediately life-threatening disease. The patient needs written informed consent, documentation from a California primary physician, and evidence that a nearby clinical trial was not available.
- Does California require an in-person exam before prescribing by telehealth?
- No. Bus. & Prof. Code § 2242 requires an appropriate prior examination, but states that the exam does not require a synchronous interaction and can be achieved through telehealth if the standard of care is met. Controlled-substance prescribing still runs through CURES checks, the e-prescribing mandate, and whatever federal DEA rules apply at the time.
- Does California have telehealth payment parity for private insurance?
- Yes. For state-regulated plans and insurers, services that are the same must be reimbursed at the same rate whether delivered in person or through telehealth, and cost sharing cannot exceed the in-person amount. Medi-Cal has its own parity rule covering both video and audio-only visits.
Sources & further reading
- Cal. Bus. & Prof. Code § 2290.5 (telehealth)
- Cal. Bus. & Prof. Code § 2052.5 (out-of-state physician exemption, AB 1369)
- Medical Board of California — Telehealth
- Cal. Health & Safety Code § 1374.14 (health plan telehealth parity)
- Cal. Welf. & Inst. Code § 14132.725 (Medi-Cal telehealth)
- DHCS — Telehealth Modifier Reference Sheet
- Center for Connected Health Policy — California