BOC Regulatory Alert: Federal Court Upholds State Telehealth Licensure Requirement

The Board of Certification (BOC) wishes to alert state regulators to a recent legal development that could impact telehealth licensure policies nationwide.

On May 12, 2025, the U.S. District Court for the District of New Jersey dismissed a constitutional challenge to New Jersey’s telehealth licensure law in the case of MacDonald v. Sabando (formerly MacDonald v. NJ Medical Board). The case was brought by two out-of-state physicians who sought to provide telehealth services to New Jersey residents without obtaining a state license.

The plaintiffs, based in Pennsylvania and Massachusetts, had treated patients in person who later returned to New Jersey and sought continued care remotely. They claimed that New Jersey’s licensure statute (NJ Rev Stat § 45:9-6) violated the U.S. Constitution on multiple grounds:

• Dormant Commerce Clause
• Privileges and Immunities Clause
• First Amendment
• Parents’ Due Process Rights

The court decisively rejected all arguments, holding that:

• The licensure requirement treats all providers equally, regardless of origin, and thus does not violate the Commerce Clause.
• The law is uniformly enforced and does not violate the Privileges and Immunities Clause.
• The provision of medical advice via telehealth does not constitute protected speech under the First Amendment.
• Parents have no constitutional right to select any provider for their child’s care.

This ruling reinforces states’ authority to regulate medical practice within their borders, including the requirement that telehealth providers be appropriately licensed in the state where the patient is located.

BOC encourages regulators to review their licensure frameworks in light of this decision and remain vigilant as telehealth law continues to evolve.