New York Healthcare & Telehealth Compliance Guide
New York has some of the strictest Corporate Practice of Medicine (CPOM) laws in the United States. Only licensed physicians can own and operate medical practices. This is rooted in New York's Education Law, which reserves the practice of medicine exclusively for licensed professionals. It prohibits business corporations, investors, and non-physicians from hiring doctors, influencing medical decisions, or sharing in physician profits.
- Corporate Practice of Medicine (CPOM): Strict
- Telehealth prescribing permitted: Yes
- In-person exam required first: Yes
- Audio-only visits allowed: Yes
- Nurse practitioner authority: Reduced
- Collaborative practice agreement required: Yes
- Good Faith Exam required: Yes
Telehealth prescribing in New York
Telehealth is generally permitted in New York, and an in-person exam is not required for non-controlled substances. For controlled substances, an in-person medical evaluation is generally required, but exceptions exist for recent in-person evaluations by a referring practitioner, temporary coverage, and emergencies. All telehealth prescribing must comply with state and federal laws, including DEA regulations.
Controlled substances in New York
Controlled substances can be prescribed via telehealth in New York, but with significant restrictions. An in-person medical evaluation is generally required before prescribing a controlled substance, though exceptions exist for recent in-person evaluations, temporary coverage, and emergencies. Prescribing of controlled substances via telehealth must also comply with all applicable federal laws and regulations, including those from the DEA.
Medical director requirements in New York
The research did not yield specific information about medical director requirements for telehealth operations in New York. However, the state's strict CPOM laws suggest that any medical practice, including a telehealth practice, must be owned and operated by a licensed physician.
Nurse practitioner scope and collaborative practice in New York
A written collaborative practice agreement with a physician is required for nurse practitioners (NPs) until they have completed 3,600 hours of experience. The CPA must address patient referral and consultation, coverage for absences, resolution of disagreements, and peer review.
Key operating notes for New York
New York requires written consent from patients before providing telehealth services. The state has also enacted payment parity for telehealth services, requiring private payers to reimburse for telehealth at the same rate as in-person services. Recent legislation has focused on expanding access to telehealth, particularly for mental health and substance use disorder services.
Recent regulatory changes in New York
No significant recent changes
Frequently asked questions
How does New York's strict CPOM doctrine affect my healthcare business?
New York enforces strict Corporate Practice of Medicine laws, meaning non-physician entities cannot directly employ physicians or control clinical decisions. You'll need a properly structured PC-MSO arrangement to operate compliantly. TrueEval can guide you through the entity formation and management services agreements required.
Do I need a medical director for my medspa or IV therapy clinic in New York?
Yes — New York requires physician oversight for medical procedures performed in medspas, IV therapy clinics, and similar brick-and-mortar healthcare establishments. A medical director develops protocols, provides clinical oversight, and ensures regulatory compliance. TrueEval places board-certified medical directors licensed in New York who understand both telehealth and in-person practice requirements.
Are Collaborative Practice Agreements required for NPs in New York?
Yes, New York requires Collaborative Practice Agreements (CPAs) between nurse practitioners and supervising physicians. NPs in New York have reduced practice authority, meaning a CPA is necessary for prescriptive authority. TrueEval provides New York-specific CPA templates and matches NPs with qualified collaborating physicians.
What are the Good Faith Exam requirements for prescribing in New York?
New York requires a Good Faith Exam before prescribing medications via telehealth. An initial in-person visit may be required before telehealth prescribing. Audio-only telehealth is permitted. TrueEval's physician network conducts compliant GFEs for New York patients.
What compliance requirements apply to cash-pay healthcare businesses in New York?
Cash-pay healthcare operations in New York — including telehealth, medspas, IV therapy, and wellness clinics — must still comply with all state medical practice acts, CPOM laws, prescribing regulations, and scope of practice requirements. The main difference is you won't deal with insurance billing compliance, but you must still maintain proper corporate structure, physician oversight, and clinical documentation. TrueEval specializes in cash-pay compliance frameworks for New York.