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New York Medical Marijuana Program: Telemedicine

On March 13, 2015, the State of New York passed Senate Bill 2405, “The Telehealth Amendment Act”, amending the public health law, the insurance law and the social services law, in relation to the delivery of telehealth services. As per the amendment, “telehealth” is defined as “the use of electronic information and communication technologies by telehealth providers, to deliver health care services, which shall include the assessment, diagnosis, consultation, treatment, education, care management and/or self-management, of a patient”. Telehealth does not include audio-only telephone communication, facsimile machines, or electronic messaging unless used in conjunction with telemedicine, store-and-forward technology, and remote patient monitoring.

On December 29, 2014, New York legislature enacted parity laws, requiring New York Medicaid, state health employee plans, and private payers alike, to recognize and reimburse telemedicine services at the same rates as the equivalent health care service provided in-person.

New York is currently one of five states — including California, Connecticut, Maine, and Massachusetts — that does not require an in-person physical examination, to establish a bonafide patient-physician relationship. Instead, healthcare providers may not only establish patient relationships through telemedicine, but they may also prescribe non-controlled substances — prescribing “dangerous drugs or devices” via telemedicine, may only be permitted if an in-person examination is conducted first.

Out-of-state health care providers intending to provide telemedicine services, to patients in New York, are required to first obtain a valid New York medical license, prior to commencing service — the state allows for the exemption of Physician-to-Physician (P2P), and permits licensure reciprocity, to it’s bordering tri-states.

Using Medical Marijuana Telemedicine Services in New York

For the first time in history, qualified medical marijuana patients may now choose to see a marijuana doctor online, using medical marijuana telemedicine services for the purposes of obtaining a New York medical marijuana evaluation.

If you are a qualified medical marijuana patient, living in New York, you can now choose to:

  • see a marijuana doctor in-person for purposes of getting a New York medical marijuana evaluation, OR

Useful Resources


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