HB423 Alabama 2022 Session

Summary

Primary Sponsor

Paul W. LeeRepresentative

Republican

Session

Regular Session 2022

Title

Health, telehealth and telemedicine further provided for, Secs. 34-24-700 to 34-24-707, inclusive, added; Secs. 34-24-500 to 34-24-508, inclusive, repealed.

Summary

HB423 would legalize and regulate telemedicine in Alabama, allowing licensed physicians to treat residents remotely, including prescribing certain medications without in-person visits, and it repeals existing cross-state medical licensing rules.

What This Bill Does

It allows licensed physicians (MDs and DOs) to provide telehealth and telemedicine to Alabama residents and sets duties for telemedicine practice. It lets physicians prescribe certain medications via telehealth, with safeguards on controlled substances requiring an in-person encounter within the prior year and possible emergency exemptions. It requires establishing a physician-patient relationship, obtaining patient consent, verifying identity and location, and maintaining medical records, while giving the boards authority to adopt related rules. It also repeals the current cross-state licensing provisions and restricts telehealth rules to patients located in Alabama, with rules to promote quality and prevent fraud.

Who It Affects

• Patients in Alabama who receive telehealth/telemedicine services, who would gain access to remote medical care with safeguards like identity/location verification and documented consent.
• Licensed physicians (MDs and DOs) who provide telehealth to Alabama residents, who must hold an active Alabama license (with limited exceptions) and follow prescribing, record-keeping, and practice rules.

Key Provisions

• Adds Article 12 to Chapter 24, Title 34, to regulate telemedicine and telehealth in Alabama and defines key terms (telehealth, telemedicine, distant/originating site, synchronous/asynchronous communication).
• Requires physicians providing telehealth to have an active Alabama license, with exceptions for irregular/infrequent telehealth or when consulting with an in-state licensed physician.
• Establishes duties for telehealth: maintain standard care, establish diagnosis with appropriate examinations, disclose diagnosis and risks, provide a visit summary, and ensure follow-up or emergency information; care is deemed to occur at the patient's location.
• Imposes the physician-patient relationship and consent requirements before telehealth, including identity/location verification and documentation of consent; allows in-person visits at least once per year if four or more telehealth visits occur annually.
• Allows prescribing of legend drugs and medical supplies via telehealth; controlled substances require a prior in-person encounter within the last 12 months unless an emergency exemption applies; exemptions and additional rules may be set by the regulatory boards.
• Requires HIPAA-compliant practices and complete medical records; boards may adopt rules to regulate telehealth, promote quality care, and prevent fraud, waste, and abuse.
• Applies to telehealth services delivered to individuals located in Alabama; repeals the existing cross-state licensing provisions (34-24-500 to 34-24-508).
• Grants antitrust immunity to the Board of Medical Examiners and the Medical Licensure Commission and their personnel when acting under this act.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health