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LEGISLATIVE & REGULATORY UPDATES

Updates on Rules Allowing Texas Physicians to Provide Services in other States

Updates on Rules Allowing Texas Physicians to Provide Services in other States

September 1, 2020

As a result of the COVID-19 healthcare emergency, many states have lifted or otherwise amended their restrictions on out-of-state physicians practicing medicine within their state. Below is a list with each state, its regulations, current as of September 1, 2020, and its impact on Texas physicians. However, these regulations and their allowances are changing rapidly.

StateCan Out-of-State Licensed Physicians Practice in This State During the COVID-19 Pandemic?Additional Information
AlabamaYesPhysicians with full and unrestricted medical licenses may apply for and receive temporary emergency licenses to practice in Alabama during the declared COVID-19 health emergency. Fees for temporary emergency licenses have been waived. On July 20, 2020, the Board and Commission extended the expiration of existing and new emergency licenses to Nov. 17, 2020. All temporary emergency licensees that wish to continue practicing in Alabama after Nov. 17 should apply now for permanent licensure through the Board (typically 2-3 months) or the Interstate Medical Licensure Compact (within 30 days). Click here for more information.
AlaskaYesAlaska’s Senate Bill 241 permits licensing boards in Alaska to grant licenses on an expedited basis to individuals who hold a corresponding license in good standing in another jurisdiction to the extent necessary to respond to the COVID-19 public health disaster emergency.  A license expedited under this section will expire on the earlier of November 15, 2020 or the date the governor determines that the public health disaster emergency no longer exists.  These courtesy licenses are available and authorize the holder to practice medicine, osteopathy, or podiatry for limited purposes. A courtesy license does not authorize the holder to perform medical services outside the scope of the courtesy license.      Click here and here for more information.
ArizonaYesDuring the COVID-19 State of Emergency, MDs licensed in another state are eligible to apply for temporary licensure in Arizona using the emergency temporary licensure application.  Click here and here for more information.
ArkansasYes, for certain out-of-state physicians from bordering statesThe Arkansas State Medical Board voted to grant a Border State Emergency Temporary License to physicians that are currently practicing in any of the six bordering states and also holds an active and unrestricted medical license in that state with the understanding that this is for telemedicine only for already established Arkansas patients.  The emergency license will be valid for 60 days from the date of issue, or until the public health emergency declaration has been lifted, whichever is first. Click here for more information.
CaliforniaYesFor the duration of the COVID-19 emergency, out-of-state personnel, including medical personnel, entering California to assist in preparing for, responding to, mitigating the effects of, and recovering from COVID-19 shall be permitted to provide services in the same manner as prescribed in Government Code Section 179.5 with respect to licensing and certification.  Permission is subject to the approval of the Director of the Emergency Medical Services (“EMS”) Authority. The EMS Authority will only accept requests for out of state medical personnel approval from a California medical facility, telehealth agency contracted with a California medical facility or a staffing agency providing staffing to California medical facilities that intends to utilize these resources.  The application is available here.  Click here and here for more information.
ColoradoYesPhysicians licensed and lawfully practicing medicine in another state or territory of the United States without restrictions or conditions may lawfully practice without a current Colorado license.  The physician cannot otherwise have an established or regularly used medical staff membership or clinical privileges in Colorado and cannot be a party to any contract, agreement, or understanding to provide services in Colorado on a regular or routine basis. Click here and here for more information. Click here for more information.
ConnecticutYesSection 19a-131j(a) of the Connecticut General Statutes was modified to allow the Commissioner of Public Health to temporarily suspend, for the duration of the public health and civil preparedness emergency, the requirements for licensure, certification or registration pursuant to chapter 370 (Medicine and Surgery), among others, allowing persons who are appropriately licensed, certified, or registered in another state or territory of the United States or the District of Columbia may render temporary assistance in Connecticut within the scope of the profession for which a provider is licensed, provided certain provisions are adhered to.  The temporary suspension was ordered for a period of sixty consecutive days.  The EO 7HHH, dated July 14, 2020 will remain in effect for six (6) months. Click here for more information.
DelawareYesOut of state health care providers, including physicians, pharmacists, respiratory therapists, physician assistants, paramedics, emergency medical technicians, practical nurses, professional nurses, advanced practice registered nurses, and nursing assistants with an active license or certification in good standing in any United States jurisdiction are hereby authorized to provide healthcare services in Delaware. Click here and here for more information.
District of ColumbiaYesAny healthcare provider who is licensed in their home jurisdiction in their field of expertise who is providing healthcare to District residents shall be deemed a temporary agent of the District of Columbia if the healthcare provider is only providing healthcare services to individuals at a licensed healthcare facility located in the District of Columbia or the healthcare provider has an existing relationship with a patient who has returned to the District of Columbia and continuity of healthcare services are provided via telehealth.  The Mayor’s Order 2020-047 will remain in effect during the COVID-19 PHE.  Click here and here for more information.
FloridaYesHealth care professionals holding a valid, unrestricted, and unencumbered license in any state, territory, and/or district may render such services in Florida during a period not to exceed thirty days unless extended by order of the State Surgeon General, if such health care practitioner does not represent or hold themselves out as a health care practitioner licensed to practice in Florida.  That DOH Emergency order 20-001 was extended until the expiration of the Florida COVID-19 state of emergency, set for 60 days from July 7th.  Click here and here for more information. Click here and here for more information.
GeorgiaYesThe Georgia Composite Medical Board (“GCMB”) may approve and issue “emergency practice permits” to physicians who wish to practice medicine during the public health emergency response to COVID-19, upon the GCMB’s approval of an application for the emergency practice permit, proof of current and unrestricted licensure in another state, copy of a valid government-issued photo ID, and a current National Practitioner’s Data Bank report.  The Public Health State of Emergency is extended through September 10th. Click here and here for more information.
HawaiiYesOut-of-state physicians and osteopathic physicians with a current and active license may practice in Hawaii without a license, provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, or clinical laboratory. The disaster emergency relief period shall continue through September 30, 2020. Click here and here for more information.  
IdahoYesDuring the COVID-19 public health state of emergency, MDs and DOs holding a license in good standing from another state or country are permitted to treat patients in Idaho without an Idaho license. This is permitted until the Idaho Governor declares that the COVID-19 public health emergency is over. Out-of-state practitioners treating Idaho patients are encouraged to notify the Idaho Board of Medicine of their intent to practice in Idaho.  On August 7th, the public health emergency was extended 30 days.  Click here and here for more information. Click here and here for more information.
IllinoisYesThe Illinois Department of Financial and Professional Regulation issued a Proclamation which suspends permanent licensure requirements of physicians who are licensed in another state, are in good standing, and working under the direction of IEMA and IDPH in response to the COVID-19 public health emergency.  The Temporary Practice Permit is valid through September 30, 2020.  The application is available here.   Click here and here for more information.
IndianaYesThe requirement that a health care provider hold an Indiana license is suspended if he or she: (1) has an equivalent license from another State and, (2) is not suspended or barred from practice in that State or any State.  Individuals who seek to provide healthcare in the State of Indiana in response to this public health emergency who are not currently licensed to practice in the state, either because their Indiana license is no longer active or they are licensed by another state, may obtain temporary authorization to provide healthcare services.  This waiver is only effective during the public health emergency and further, will be initially limited to a period of ninety (90) days which may be renewed in 30 day increments so long as the public health emergency continues.  The public health emergency is currently scheduled to expire September 2, 2020.  Click here and here for more information. Click here and here for more information.
IowaYesA physician may practice medicine/telemedicine in Iowa without an Iowa medical license on a temporary basis to aid in the COVID-19 emergency, if a physician holds at least one active medical license in another United State jurisdiction, and all medical licenses held by a physician in other United States jurisdictions are in good standing, without restrictions or conditions.  The Iowa PHE was extended to September 20th. Click here and here for more information.
KansasYesPersons currently  holding  a  valid,  full,  active  and  unencumbered  license  in  another  state may apply for a temporary licensure to engage in the practice of their profession for healthcare services relating to COVID-19 response efforts and/or mitigating any effect of COVID-19.  The temporary license will cancel in 90 days, if not renewed, or 30 days after the declared Kansas state of emergency ends, whichever is sooner.  The application is available here. Click here for more information.
KentuckyYesMedical and osteopathic physicians not already licensed to practice in Kentucky may register to practice within Kentucky during the COVID-19 state of emergency if they complete and submit the Emergency System Application for Health Practitioner. No fee is required for this type of registration.  KY SB 150 gives the Kentucky Board of Medical Licensure, among others, the ability to waive or modify state statutes and regulations: “(a) For licensure or certification requirements for health care providers who are licensed or certified in other states to provide services in Kentucky… (d) To allow for rapid certification or licensure and recertification or re-licensure of health care providers…” Click here and here for more information. Click here and here for more information.
LouisianaYesAn individual physician who holds a full, unlimited, and unrestricted license to practice medicine in another U.S. state, territory, or district and who has unrestricted hospital credentials and privileges in any U.S. state, territory, or district, may practice medicine at a hospital that is licensed by the Louisiana Department of Health upon certain terms and conditions being met.  The application is available here.  Set to expire September 11th. Click here and here for more information.
Maine YesA physician who is licensed in good standing in another state and who has no disciplinary or adverse action in the past 10 years involving loss of license, probation, restriction or limitation, and who seeks immediate licensure to assist in the health care response to COVID-19, shall be issued an emergency Maine license that shall remain valid during the COVID-19 state of emergency. Such provision of services may be in-person in Maine or across state lines into Maine using telemedicine or telehealth.  License application fees are waived.  The Maine State of Civil Emergency is set to expire September 3rd. Click here and here for more information.
MarylandYesThe Maryland Department of Health Board of Physicians suspended the requirement in Health Occ. Section 14-301 and the related allied health statutes that a license be required to practice in Maryland for physicians who hold valid, unexpired licenses issued by another state while working at a health care facility under certain conditions. An out-of-state health care provider may, at a Maryland health care facility, engage in the activities authorized under the license during the state of emergency without applying for and obtaining a Maryland license if employment is necessary to meet required staffing ratios or otherwise ensure the continued and safe delivery of health care services.  On August 10th, the State of Emergency was extended. Click here and here for more information. Click here for more information.
MassachusettsYes, if the out-of-state physician applied by July 10, 2020The Board of Registration in Medicine established an Emergency Temporary License Application for out-of-state physicians to assist in meeting the increased demand for physician services in Massachusetts.  To qualify, a physician must hold an active full, unlimited and unrestricted medical license in good standing in another United States state, territory, or district. Pursuant to COVID-19 Order No. 41, Emergency Temporary License Applications for Out of State Physicians will not be accepted after July 10, 2020. Click here for more information.
MichiganNoHealth care professionals licensed and in good standing in any state or territory in the United States could practice in Michigan without criminal, civil, or administrative penalty related to lack of licensure by Executive Order 2020-30.  Executive Order 2020-61 extended the duration and scope of Executive Order 2020-30.  However, Executive Order 2020-150 rescinded Executive Order 2020-61.  Click here and here for more information. Click here for more information.
MinnesotaYesOut-of-State Healthcare Professionals who hold an active, relevant license, certificate, or other permit in good standing issued by a state of the United States or the District of Columbia may render aid in Minnesota during the COVID-19 emergency.  The COVID-19 Peacetime Emergency was extended to September 11th. Click here and here for more information.
MississippiYesThe Mississippi Board of Medicine waived any and all Mississippi licensing requirements for out of state physicians whose specialty services are determined to be necessary by MSDH, provided the out of state physician holds an unrestricted license to practice medicine in the state in which the physician practices and currently is not the subject of an investigation or disciplinary proceeding.  The Emergency License Attestation Form is available here. Click here and here for more information.
MissouriYesThe Missouri Governor approved a waiver granting full reciprocity to physicians and surgeons from other states who wish to assist Missourians during the COVID-19 pandemic. Click here and here for more information.
MontanaYesAs authorized by 10-3-118 MCA, and Governor Steve Bullock’s directive, The Montana Department of Labor & Industry has implemented a COVID-19 Emergency Healthcare Registration for out-of-state healthcare licensees requesting to actively work in Montana for a defined period of time. The registration is only valid until the current emergency directives are rescinded.  Strict compliance with ARM Section 24.101.417 is waived for the purposes of licensing health care professionals for the duration of the emergency so that health care facilities may bring in additional paid staff to Montana as soon as needed and possible. ARM Section 24.101.417 permits a professional to practice in Montana when a state of emergency or disaster is in effect.  The professional must, among other requirements, hold an active, unrestricted license in another state. Click here and here for more information. Click here for more information.
NebraskaYesNebraska statutory provisions regarding credentialing and implementing regulations were temporarily suspended to permit individuals who are properly and lawfully licensed to engage in, among other practices, medicine and surgery in a United States state or territory, to work in Nebraska during the state of emergency so long as they are in good standing and free from disciplinary action in the states where they are licensed. Executive Order 20-10 is available here: Click here and here for more information.
NevadaYesCertain professional licensing provisions were waived during the declared COVID-19 emergency for qualified providers of medical services who currently hold a valid license in good standing in another state.  The MD and DO Emergency License applications are available here and here, respectively. Click here for more information.
New HampshireYesAny out-of-state personnel, including medical personnel, entering New Hampshire to assist in preparing for, responding to, mitigating the effects of, and recovering from COVID-19 shall be permitted to provide services in the same manner as prescribed in RSA 21-P:41 and any other applicable statutory authority with respect to licensing and certification regarding mutual aid during emergencies for a period of time not to exceed the duration of the COVID-19 emergency.  The State of Emergency was extended. Click here and here for more information.
New JerseyYesNew Jersey Attorney General Gurbir S. Grewal and the New Jersey Division of Consumer Affairs announced that New Jersey will waive a host of regulatory requirements for healthcare professionals licensed in other jurisdictions to become licensed in New Jersey and offer services to New Jersey residents, including telemedicine and telehealth services during the COVID-19 public health emergency.  The Public Health Emergency was extended.  The application is available here. Click here and here for more information.
New MexicoYesThe New Mexico Department of Health and the New Mexico Department of Homeland Security and Emergency Management shall credential out-of-state professionals who can render aid and necessary services during the pendency of the New Mexico Governor’s Executive Order 2020-004.  The statewide public health emergency was renewed and extended through September 18, 2020 by Executive Order 2020-059.  Click here and here for more information.
New YorkYesPhysicians licensed and in current good standing in any state in the United States may practice medicine in New York State without civil or criminal penalty related to lack of licensure.  Such temporary suspensions/modifications are extended through September 11th. Click here and here for more information. Click here and here for more information. Click here for more information.
North CarolinaYesThe North Carolina Governor, with the concurrence of the North Carolina Council of State, temporarily waived North Carolina licensure requirements for health care and behavioral health care personnel who are licensed in another state, territory, or the District of Columbia to provide health care services within the State of North Carolina.   Click here and here for more information. Click here for more information.   
North DakotaYesThe Governor of North Dakota suspended licensure requirements for health care and behavioral health professionals.  The Executive Order 2020-05.01 will remain in effect for the duration of the declared state of emergency.  Click here for more information.
OhioYesThe State Medical Board of Ohio authorized board staff to work with the State Emergency Management Agency, or other governmental entities as identified, to effectuate Ohio licensure eligibility for out of state doctors who are called upon to respond to the COVID-19 emergency in Ohio.  Click here and here for more information. Click here for more information.
OklahomaYesAny medical professional who holds a license, certificate, or other permit issued by any state that is a party to the Emergency Management Compact evidencing the meeting of qualifications for the practice of certain medical services, subject to certain conditions, shall be deemed licensed to practice in Oklahoma so long as the Oklahoma Governor’s Executive Order 2020-07 is in effect.  The PHE was recently extended 30 days beyond August 28th. Click here and here for more information.
OregonYesIn the event of an emergency declared by the Governor of Oregon, the Oregon Medical Board shall allow physicians licensed in another state to provide medical care in Oregon under special provisions during the period of declared emergency and subject to such limitations and conditions as the Oregon Governor may prescribe.  The provisions were adopted in a temporary rule, which is effective now.  The Emergency Reactivation Application is available here. Click here and here for more information.
PennsylvaniaYesThe Pennsylvania Governor granted the Pennsylvania Department of State’s request for a suspension to allow expedited temporary licensure to practitioners in other states to provide services to Pennsylvanians, for the duration of the COVID-19 emergency.  The Disaster Emergency was extended. Click here and here for more information. Click here for more information.
Rhode IslandNoBeginning March 18, 2020, out-of-state licensees could submit a completed application form and a statement verifying the license status from their home state to receive a 90-day license to practice in Rhode Island.  After careful review, only licensees that are directly treating patients with COVID-19 will be eligible to renew their 90 day emergency license. Those license types are Nursing Assistants, APRN, Registered Nurse, Practical Nurse, Dietitian/Nutritionist, Emergency Medical Technician, Emergency Medical Responder and Paramedic. Click here and here for more information.
South CarolinaYesThe South Carolina State Board of Medical Examiners waived any and all South Carolina licensing requirements for physicians licensed in good standing in another state and whose services are determined to be necessary by South Carolina Department of Health and Environmental Control.  The State of Emergency was extended.  Click here and here for more information.
South DakotaYes, for those physicians from compact member statesFull recognition will be granted to the licenses held by a professional by any compact member state, in accordance with the Uniform Emergency Management Assistance Compact should those facilities require additional professionals to meet patient demand during the COVID-19 emergency, whether in-person or by remote means.  The State of Emergency was extended. Click here and here for more information. Click here for more information.
TennesseeYesThe relevant provisions of Tennessee Code Annotated, Titles 63 and 68, and related rules were suspended to the extent necessary to give the Tennessee Commissioner of Health the discretion to allow a health care professional who is licensed in another state, and who would otherwise be subject to licensing requirements under Title 63 or Title 68, to engage in the practice of such individual’s profession in Tennessee, if such individual is a health care professional who is assisting in the medical response to COVID-19.  The Tennessee State of Emergency was extended.  The application is available here.   Click here and here for more information.
TexasYesPursuant to Title 22, Chapter 172.20 and 172.21 of the Texas Administrative Code, the Texas Medical Board will allow out-of-state physicians to obtain a Texas limited emergency license or hospital-to-hospital credentialing for no more than thirty (30) days from the date the physician is licensed or until the disaster declaration has been withdrawn or ended, whichever is longer.  The State of Emergency is set to expire September 7th. Click here and here for more information. Click here for more information.
UtahYesA physician who is licensed and lawfully practicing medicine in another United States state or territory without restrictions or conditions may practice in Utah for the duration of the declared COVID-19 emergency by obtaining a Utah Department of Commerce Division of Occupational and Professional Licensing Time-limited Emergency License. The practitioner would work under a delegation of service agreement with an actively licensed supervising professional.  The State of Emergency was extended. Click here and here for more information.
VermontYesPhysicians licensed in at least one United States jurisdiction and who are in good standing in all jurisdictions where they are licensed may be eligible to practice in Vermont by “deemed licensure” or emergency licensure. Click here and here for more information.
VirginiaYesDuring the state of emergency declared in Amended Executive Order 51, a license issued to a health care practitioner by another state, and in good standing with such state, shall be deemed to be an active license issued by the Commonwealth to provide health care or professional services as a health care practitioner of the same type for which such license is issued in another state, provided such health care practitioner is engaged by a hospital, or an affiliate of such hospital where both share the same corporate parent, licensed nursing facility, or dialysis facility in the Commonwealth for the purpose of assisting that facility with public health and medical disaster response operations. Hospitals, licensed nursing facilities, and dialysis facilities must submit to the applicable licensing authority each out-of-state health care practitioner’s name, license type, state of license, and license identification number within a reasonable time of such healthcare practitioner providing services at the applicable health care facility in the Commonwealth. Health care practitioners with active licenses issued by other states who notified the applicable licensing authority under this Executive Order and were engaged by a physician’s office or other health care facility that is not a hospital, nursing facility, or dialysis facility may continue to practice in the Commonwealth for an additional 30 days from the date of this Order and may apply for licensure in the Commonwealth in order to continue providing services to patients located in Virginia. Click here and here for more information.   Click here and here for more information.
WashingtonYesOut-of-state practitioners may: (i) Become volunteers via RCW chapter 70.15 by registering and completing the Emergency Volunteer Health Practitioners Application which can be found here; or (ii) Out of state MDs and DOs that would like an expedited Washington license and to volunteer, may use the Interstate Medical License Compact and become registered under RCW 70.15.  Under RCW 70.15.050, while an emergency proclamation of the Washington Governor is in effect, a volunteer health practitioner who is licensed in another state may practice in Washington without obtaining a Washington license if he or she is in good standing in all states of licensure and is registered in the volunteer health practitioner system. These emergency volunteers will help meet emerging demands for health practitioners in areas impacted by COVID-19. Click here and here for more information.
West VirginiaYesFor the duration of the COVID-19 State of Emergency, the requirement that any medical provider “hold an active, unexpired license” issued by the Board of Medicine was suspended. There is an exception of those with pending complaints, investigations, consent orders, board orders, or pending disciplinary proceedings.  Additionally, the requirement that any person to practice or offer to practice medicine or surgery as an osteopathic physician or surgeon “hold an active, unexpired license” issued by the Board of Osteopathic Medicine was suspended. There is an exception of those with pending complaints, investigations, consent orders, board orders, or pending disciplinary proceedings.  Click here and here for more information. Click here for more information.
WisconsinYesAny health care provider with a valid and current license issued by another state may practice under that license and within the scope of that license in Wisconsin without first obtaining a temporary or permanent license from the Wisconsin Department of Safety and Professional Services, so long as certain conditions are adhered to. Click here and here for more information. Click here for more information. 
WyomingYesPhysicians not licensed in Wyoming may qualify to work in Wyoming during the declared COVID-19 public health emergency through the “consultation exemption.” A current, full and unrestricted licensure in at least one United States jurisdiction or country is required.  The exemption is not automatic, requires approval of the Wyoming Board of Medicine and the Wyoming State Health Officer, and only applies to the following specialties: Family Medicine, Pediatrics, Internal Medicine, Obstetrics/Gynecology, Emergency Medicine, Intensivist, Hospitalist, Pulmonology, Epidemiology, and Infectious Disease. Click here for more information.