- Counselors
- Social Workers
- Marriage and Family Therapists
- Psychologists
- Psychiatrists
- Nurses
- Medicaid Telehealth Parity Law
- Private Pay Telehealth Parity Law
- Payment Parity
- Permission for the Temporary Practice of Clinicians Licensed Outside the State
- Response to COVID-19
- Counselors
- Social Workers
- Marriage and Family Therapists
- Psychologists
- Psychiatrists
- Nurses
- Medicaid Telehealth Parity Law
- Private Pay Telehealth Parity Law
- Payment Parity
- Permission for the Temporary Practice of Clinicians Licensed Outside the State
- Response to COVID-19
Counselors
We are not aware of any specific rules and regulations of the practice of telemental health services for Counselors.
The New Hampshire Board of Mental Health Practice notes the following:
If you are located in New Hampshire and are providing mental health services to a consumer located in another jurisdiction, you are considered to be practicing in New Hampshire and need to be licensed in this State. If you are located in another state and are providing mental health services to a consumer located in New Hampshire, you are considered to be practicing in New Hampshire and need to be licensed in this State.
Marriage and Family Therapists
We are not aware of any specific rules and regulations of the practice of telemental health services for MFTs.
The New Hampshire Board of Mental Health Practice notes the following:
If you are located in New Hampshire and are providing mental health services to a consumer located in another jurisdiction, you are considered to be practicing in New Hampshire and need to be licensed in this State. If you are located in another state and are providing mental health services to a consumer located in New Hampshire, you are considered to be practicing in New Hampshire and need to be licensed in this State.
Psychologists
We are not aware of any specific rules and regulations of the practice of telemental health services for Psychologists.
New Hampshire is a member of the Psychology Interjurisdictional Compact (PSYPACT): https://www.asppb.net/mpage/legislative
The New Hampshire Board of Mental Health Practice notes the following:
If you are located in New Hampshire and are providing mental health services to a consumer located in another jurisdiction, you are considered to be practicing in New Hampshire and need to be licensed in this State. If you are located in another state and are providing mental health services to a consumer located in New Hampshire, you are considered to be practicing in New Hampshire and need to be licensed in this State.
Psychiatrists
We are not aware of any specific rules and regulations of the practice of telemental health services for Psychiatrists.
The New Hampshire Board of Mental Health Practice notes the following:
If you are located in New Hampshire and are providing mental health services to a consumer located in another jurisdiction, you are considered to be practicing in New Hampshire and need to be licensed in this State. If you are located in another state and are providing mental health services to a consumer located in New Hampshire, you are considered to be practicing in New Hampshire and need to be licensed in this State.
New Hampshire Board of Mental Health Practice
Refer to the source provided for all requirements and limitations.
New Hampshire Professional Regulation/Health & Safety Online Prescribing
“"Physician-patient relationship" means a medical connection between a licensed physician and a patient that includes an in-person or face-to-face 2-way real-time interactive communication exam, a history, a diagnosis, a treatment plan appropriate for the licensee's medical specialty, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have a physician-patient relationship under the following circumstances:
- Writing admission orders for a newly hospitalized patient;
- For a patient of another licensee for whom the prescriber is taking call;
- For a patient examined by a physician assistant, nurse practitioner, or another licensed practitioner; or
- For medication on a short-term basis for a new patient prior to the patient's first appointment or when providing limited treatment to a family member in accordance with the American Medical Association Code of Medical Ethics.”
“Prescribing drugs to individuals without a physician-patient relationship shall be unprofessional. The definition of a physician-patient relationship shall not apply to a physician licensed in another state who is consulting to a New Hampshire licensed physician with whom the patient has a relationship.”
Source:
NH Revised Statutes Annotated, Sec. 329:1-c. (Accessed Mar. 2020)
“It is unlawful to prescribe through telemedicine a controlled drug classified in schedule II through IV.”
“The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care, or who are treating patients at a state-designated community mental health center pursuant to RSA 135-C or at a Substance Abuse and Mental Health Services Administration (SAMHSA)-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug. Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.”
“The prescribing of an opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating patients at a SAMHSA-certified state opioid treatment program. Such prescription authority shall require an initial in-person exam by a practitioner licensed to prescribe the drug and subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and opioid, but not less than annually.”
“See Statute for specific requirements for physicians providing services via telemedicine, and those issuing a prescription for spectacle lenses, or contact lenses by means of telemedicine.”
Source:
NH Revised Statutes Annotated, 329:1-d. (Accessed Mar. 2020).
“A prescription of a non-opioid controlled drug classified in schedule II through IV via telemedicine shall be limited to certain practitioners who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care, and who are treating patients at a state-designated community mental health center or a Substance Abuse and Mental Health Services Administration-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug.”
“A prescription of an opioid controlled drug classified in schedule II through IV via telemedicine shall be limited to prescribers who are treating patients at a Substance Abuse and Mental Health Services Administration-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug.”
“Subsequent in-person exams must be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.”
Source:
NH Revised Statutes Annotated 318-B:2(XVI). (Accessed Mar. 2020)
Refer to the source provided for all requirements and limitations.
Nurses
“As a party state to the Nurse Licensure Compact (NLC), New Hampshire issues multistate licenses to nurses and applicants who reside in the state and recognizes multistate licenses issued by other party states, for practice in New Hampshire. A nurse holding a multistate license is entitled to practice in any NLC party state, but must comply at all times with the laws of the state where he or she is currently practicing.”
“It should be noted that not every state in the US is an NLC party state; a map of participating states, as well as further resources related to the NLC, are available on the Nurse Licensure Compact website.”
Refer to the source provided for all requirements and limitations.
New Hampshire Professional Regulation/Health & Safety Online Prescribing
“"Physician-patient relationship" means a medical connection between a licensed physician and a patient that includes an in-person or face-to-face 2-way real-time interactive communication exam, a history, a diagnosis, a treatment plan appropriate for the licensee's medical specialty, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have a physician-patient relationship under the following circumstances:
- Writing admission orders for a newly hospitalized patient;
- For a patient of another licensee for whom the prescriber is taking call;
- For a patient examined by a physician assistant, nurse practitioner, or another licensed practitioner; or
- For medication on a short-term basis for a new patient prior to the patient's first appointment or when providing limited treatment to a family member in accordance with the American Medical Association Code of Medical Ethics.”
“Prescribing drugs to individuals without a physician-patient relationship shall be unprofessional. The definition of a physician-patient relationship shall not apply to a physician licensed in another state who is consulting to a New Hampshire licensed physician with whom the patient has a relationship.”
Source:
NH Revised Statutes Annotated, Sec. 329:1-c. (Accessed Mar. 2020)
“It is unlawful to prescribe through telemedicine a controlled drug classified in schedule II through IV.”
“The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care, or who are treating patients at a state-designated community mental health center pursuant to RSA 135-C or at a Substance Abuse and Mental Health Services Administration (SAMHSA)-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug. Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.”
“The prescribing of an opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating patients at a SAMHSA-certified state opioid treatment program. Such prescription authority shall require an initial in-person exam by a practitioner licensed to prescribe the drug and subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and opioid, but not less than annually.”
“See Statute for specific requirements for physicians providing services via telemedicine, and those issuing a prescription for spectacle lenses, or contact lenses by means of telemedicine.”
Source:
NH Revised Statutes Annotated, 329:1-d. (Accessed Mar. 2020).
“A prescription of a non-opioid controlled drug classified in schedule II through IV via telemedicine shall be limited to certain practitioners who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care, and who are treating patients at a state-designated community mental health center or a Substance Abuse and Mental Health Services Administration-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug.”
“A prescription of an opioid controlled drug classified in schedule II through IV via telemedicine shall be limited to prescribers who are treating patients at a Substance Abuse and Mental Health Services Administration-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug.”
“Subsequent in-person exams must be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.”
Source:
NH Revised Statutes Annotated 318-B:2(XVI). (Accessed Mar. 2020)
Refer to the source provided for all requirements and limitations.
Medicaid Telehealth Parity Law
Licensed Psychologists and Licensed Social Workers are listed as approved providers of telehealth under New Hampshire Medicare/Medicaid
Source: NH Revised Statutes 167:4-d & 42 CFR Sec. 410.78(b)(2)
Refer to the source provided for all requirements and limitations.
Originating Site Reimbursement: Recently passed legislation allows for the patient's home and workplace as originating sites.
Source: NH Revised Statutes 167:4-d (SB – 258) & Centers for Medicare and Medicaid Services. Medicare Learning Network
Booklet, p. 4. (Jan. 2019)
Refer to the source provided for all requirements and limitations.
Private Pay Telehealth Parity Law
Source: NH Revised Statutes Annotated, 415-J:3 (SB – 258
"II. An insurer offering a health plan in this state may not deny coverage on the sole basis that the coverage is provided through telemedicine if the health care service would be covered if it were provided through in-person consultation between the covered person and a health care provider."
Refer to the source provided for all requirements and limitations.
Permission for the Temporary Practice of Clinicians Licensed Outside the State
The New Hampshire Board of Mental Health Practice notes the following:
If you are located in New Hampshire and are providing mental health services to a consumer located in another jurisdiction, you are considered to be practicing in New Hampshire and need to be licensed in this State. If you are located in another state and are providing mental health services to a consumer located in New Hampshire, you are considered to be practicing in New Hampshire and need to be licensed in this State.
www.oplc.nh.gov/mental-health/index.htm
Psychologists:
New Hampshire is a member of the Psychology Interjurisdictional Compact (PSYPACT): https://www.asppb.net/mpage/legislative
Note: As this is a free resource and Rules and Regulations regarding Telehealth are always changing, we appreciate any updates or corrections. They can be emailed to us at This email address is being protected from spambots. You need JavaScript enabled to view it. with a link to the source or a citation of the rule or regulation.
Telemental health is not a separate service from mental health services. All state licensing boards require that licensed clinicians follow all the regulations for practicing under their license no matter what medium of communication is used. All licensing boards also require that clinicians only practice within the boundaries of their competence. This usually requires education, continuing education, and/or supervision in telemental health. Complete our telehealth training program to cover all the essential competencies of providing telemental health services and earn the THTC (Telemental Health Training Certificate).
Social Workers
We are not aware of any specific rules and regulations of the practice of telemental health services for Social Workers.
The New Hampshire Board of Mental Health Practice notes the following:
If you are located in New Hampshire and are providing mental health services to a consumer located in another jurisdiction, you are considered to be practicing in New Hampshire and need to be licensed in this State. If you are located in another state and are providing mental health services to a consumer located in New Hampshire, you are considered to be practicing in New Hampshire and need to be licensed in this State.
www.oplc.nh.gov/mental-health/index.htm