Informed consent requirements for telehealth are not uniform across states. Based on current state-level data, roughly a quarter of states explicitly mandate telehealth-specific informed consent as a matter of state requirement; most others do not specify a distinct telehealth consent mandate, though general informed consent principles and best practice still generally favor documenting it regardless.
What "required" typically means where it applies
In states that mandate telehealth-specific informed consent, physicians are generally expected to document that a patient understood and agreed to receive care remotely, including an acknowledgment of the modality being used. Some states specify what the consent must cover; others leave the format and content more open, requiring only that consent be obtained and documented.
Why "not required" does not mean "skip it"
In states without an explicit telehealth-specific consent mandate, general informed consent obligations that apply to medical care generally still apply to telehealth encounters. Many practices treat documented consent as standard practice across every state they operate in, regardless of whether it is explicitly mandated, since it is generally good clinical and risk-management practice independent of the specific statutory requirement.
Check informed consent requirements by state →A state not mandating telehealth-specific consent is not the same as consent being optional — general informed consent obligations still apply.
Written versus verbal consent
Among states that do specify requirements, some accept verbal consent documented in the chart, while others expect a signed form. Practices operating across multiple states generally find it simpler to standardize on the stricter written-consent approach across the board rather than tailoring the process state by state, though that is an operational choice rather than a universal requirement.
Requirements vary by state and change over time — always confirm current requirements directly with the relevant state board or agency before making a compliance decision.