Tessic Health

NH · STATE RULES

Telehealth rules in New Hampshire

New Hampshire writes the first appointment into statute and then leaves the modality alone. A relationship forms remotely once the physician has confirmed who the patient is, named themselves and the license they hold, taken consent and worked through a history. Scheduled drugs, opioids included, may then be prescribed at a distance on one condition: another evaluation follows at intervals suited to the drug, and never more than a year apart.

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First visit
Async allowed
Physician license
Compact member; own license
Controlled drugs
Re-evaluation every year
Nurse practitioners
Full practice

Rules checked September 2026 · 19 sources cited

ONLY IN NEW HAMPSHIRE

What is different about New Hampshire

Each rule here is true of New Hampshire and of none of the states that border it. Beside each one: what the neighbours do instead.

  1. 01 · Prescribing

    A yearly look at every scheduled drug

    RSA 329:1-d lets a physician prescribe non-opioid and opioid controlled drugs in Schedules II through IV by telemedicine once the relationship exists, then fixes a floor underneath it. A subsequent evaluation is carried out by a practitioner licensed to prescribe the drug at intervals suited to the patient, the condition and the medicine, and in no case less often than annually.

    Source: RSA 329:1-d

    Across the border

    • Maine

      The rule to the north is a dosage ceiling rather than a calendar: no combination of opioid medication above 100 morphine milligram equivalents a day, and seven days of supply for acute pain.

      Source: 32 M.R.S. 3300-F

    • Massachusetts

      Every prescription drug is scheduled under that state's drug law, so the gate is a state Controlled Substances Registration held by the prescriber rather than a repeat appointment on the calendar.

      Source: Board of Registration in Medicine, prescribing policy

    • Vermont

      Registry queries there hang on pain therapy instead: a first opioid prescription for chronic pain, and a drug started for pain expected to last 90 days or longer.

      Source: 18 V.S.A. 4289

  2. 02 · First visit

    The first visit has a checklist

    RSA 329:1-c will not treat a remote encounter as forming a physician-patient relationship unless four things happen: the physician verifies the identity of the patient, discloses their own name, contact information and type of health occupation license, obtains consent, and meets the standard of care. The chart then has to carry a history, a diagnosis, a treatment plan fitted to the specialty, and every prescription drug by name and dosage.

    Source: RSA 329:1-c

    Across the border

    • Maine

      The northern rule turns the identity duty around, asking that the patient be able to check the licensee's credentials, and refuses a static set of questions and answers as the clinical interview.

      Source: 02-373 C.M.R. ch. 11, section 3

    • Massachusetts

      No statutory checklist governs how the relationship forms across that border; the standard of care carries it, and the written demands are reserved for the prescriber's state registration.

      Source: Center for Connected Health Policy: Massachusetts

    • Vermont

      The precondition on the other side is a consent script rather than a list of steps, covering the limits of remote care, anyone else observing, and the security of the connection.

      Source: 18 V.S.A. 9361

  3. 03 · Advertising

    A privacy law already switched on

    RSA 507-H reaches a business that handles the personal data of 35,000 residents in a year, or 10,000 where more than a quarter of gross revenue comes from selling it. Residents may opt out of targeted advertising, sales and profiling; data revealing a health condition or precise location needs consent first; and only the Attorney General may bring a claim.

    Source: RSA 507-H

    Across the border

    • Maine

      A comprehensive privacy bill was voted down there for a second time, leaving a broadband statute that binds the internet provider carrying an advertisement rather than the brand placing it.

      Source: 35-A M.R.S. 9301, online customer privacy

    • Massachusetts

      Two privacy bills are stuck in a conference committee across that border, so a marketer still works to the data security regulations written under M.G.L. c. 93H and to the consumer protection chapter.

      Source: M.G.L. c. 93H, section 2

    • Vermont

      An act has passed on the western side but its duties do not begin until January 2028, so the live constraints there remain a data broker registry and a consumer protection statute.

      Source: Vermont Act 145, consumer data privacy

  4. 04 · Practice

    Eyeglasses get a rule of their own

    The telemedicine statute leaves modality to the standard of care for everything except one product. A spectacle or contact lens prescription may not be determined solely by an online questionnaire, and the physician has to obtain an updated medical history, reach a diagnosis and order the diagnostic testing that in-person care would involve.

    Source: RSA 329:1-d

    Across the border

    • Maine

      No product-specific carve-out is needed up there, because the joint telehealth rule already refuses a static questionnaire as the interview behind any treatment or prescription.

      Source: 02-373 C.M.R. ch. 11, section 3

    • Massachusetts

      That state names no single product in its telehealth law and tests a thin remote review under professional conduct standards and the prescriber registration it insists on.

      Source: Center for Connected Health Policy: Massachusetts

    • Vermont

      The only modality-specific statute to the west concerns the telephone, which carries extra disclosures about billing and about the patient's right to ask for video instead.

      Source: 18 V.S.A. 9362

PRACTICE RULES

How telehealth works in New Hampshire

One definition runs across the licensed professions, and it treats a live appointment and an asynchronous review as the same thing. The conditions that matter attach to the clinician rather than to the technology.

  1. 01

    One definition for every profession

    RSA 310:7 defines telemedicine as audio, video or other electronic media used by a health care professional in one place to reach a patient in another for diagnosis, consultation or treatment, and it names synchronous and asynchronous interactions in the same breath.

    Source: RSA 310:7

  2. 02

    Licensed where the patient sits

    A provider from out of state treating someone physically located here is licensed, certified or registered by the relevant board, or comes in through a licensing compact or by endorsement. There is no remote-only permit.

    Source: RSA 310:7

  3. 03

    Same standard, same record

    The care is measured against the standard used in an in-person encounter, a medical record is kept, and with the patient's agreement it is forwarded to the primary care provider where that is appropriate.

    Source: RSA 310:7

  4. 04

    Scope does not stretch

    Working at a distance cannot widen a professional's scope of practice, and language access services are provided wherever federal or state law calls for them.

    Source: RSA 310:7

FIRST VISIT

Can a first visit happen without a live call in New Hampshire?

Yes

Yes. Asynchronous interactions sit inside the statutory definition of telemedicine and no provision demands a live examination before a first non-controlled prescription. The four-part checklist for forming the relationship still has to be met in full.

Asynchronous care is written into the definition rather than tolerated at the margins, which turns the first appointment into a documentation question more than a modality question.

  1. 01

    Asynchronous counts as telemedicine

    Because the definition names asynchronous interactions outright, a review built on a history form and photographs sits inside the statute rather than in a grey area beside it.

    Source: RSA 310:7

  2. 02

    Identity comes first

    Confirming who the patient is happens before the clinical work, and it is an element of the relationship rather than a courtesy. A visit that skips it has not legally begun.

    Source: RSA 329:1-c

  3. 03

    The physician is named

    The patient learns the physician's name, contact information and the type of health occupation license held, which is why an unattributed care team screen falls short of what the statute asks.

    Source: RSA 329:1-c

  4. 04

    What the chart has to show

    A history, a diagnosis, a treatment plan appropriate to the specialty and a list of every prescription drug with its name and dosage are completed or reviewed as part of forming the relationship.

    Source: RSA 329:1-c

PRESCRIBING

Prescriptions and controlled drugs in New Hampshire

The statute is generous about what may be prescribed at a distance and strict about how long a prescription may run without another look. Underneath sit the monitoring program and a transmission mandate for scheduled drugs.

  1. 01

    Opioids are named, not banned

    The telemedicine section states that non-opioid and opioid controlled drugs in Schedules II through IV may be prescribed this way, which is an express permission rather than legislative silence a prescriber has to read around.

    Source: RSA 329:1-d

  2. 02

    The annual floor

    A further evaluation is performed by a practitioner licensed to prescribe the drug at intervals appropriate to the patient, the medical condition and the medicine, and at least once every year whatever those intervals otherwise suggest.

    Source: RSA 329:1-d

  3. 03

    Register with the monitoring program

    Prescribers authorized to handle Schedule II through IV controlled substances register with the controlled drug prescription health and safety program and pull a patient's dispensing history through it.

    Source: Department of Health and Human Services, monitoring program

  4. 04

    Scheduled prescriptions travel electronically

    RSA 318:47-c bars issuing a prescription for a controlled drug except by electronic prescription, with listed escapes for a technology failure, an out-of-state pharmacy, direct dispensing and a hardship waiver lasting up to a year.

    Source: RSA 318:47-c

  5. 05

    Federal conditions on top

    A controlled substance prescribed to a patient never seen in person also depends on the federal telemedicine allowance, which is set to expire at the end of December 2026 unless it is extended again.

    Source: Center for Connected Health Policy: New Hampshire

Federal rules apply on top of every state's. Prescribing controlled substances by telehealth without an in-person visit runs on DEA flexibilities currently extended through December 31, 2026, with a permanent rule still pending.

LICENSES

Who can treat patients in New Hampshire

Licensing means a full state credential or a compact one. The compact list is unusually long for a state this size, which is the practical relief for a national brand staffing a rota here.

  1. 01

    No remote-only credential

    A physician outside the state delivering telemedicine is deemed to be practicing medicine here and must be licensed under the medical practice chapter. Nothing capped or provisional exists to bridge a short engagement.

    Source: RSA 329:1-d

  2. 02

    Nine compacts

    Membership covers the medical, nursing, physician assistant, psychology, counseling, social work, occupational therapy, physical therapy and speech compacts, which is a broad set and reaches most of the roles a remote clinic staffs.

    Source: Center for Connected Health Policy: New Hampshire

  3. 03

    Nurse practitioners work independently

    The classification maintained by the American Association of Nurse Practitioners puts this state in the full practice column, so an advanced practice registered nurse diagnoses and prescribes without a supervising physician.

    Source: AANP: full practice authority brief

  4. 04

    Nurses get the same telemedicine authority

    RSA 326-B:2 gives advanced practice registered nurses telemedicine authority on comparable terms to physicians, including the annual re-evaluation duty that follows a scheduled prescription.

    Source: Center for Connected Health Policy: New Hampshire

How Tessic Health's providers are licensed in New Hampshire

ADVERTISING

Marketing to patients in New Hampshire

The privacy act is the live constraint and the one with no counterpart on any border. Professional conduct rules and the consumer protection statute sit alongside it and reach the claims themselves.

  1. 01

    The threshold is low

    The act catches a controller handling the personal data of 35,000 residents in a year, or 10,000 where more than a quarter of gross revenue comes from selling that data, which a direct-to-consumer brand passes quickly.

    Source: RSA 507-H

  2. 02

    Health data needs a yes

    Sensitive data, which takes in data revealing a health condition and precise geolocation, cannot be processed without a clear affirmative act of consent. A pre-checked box and a dark pattern both fail that test.

    Source: RSA 507-H

  3. 03

    The chart is carved out

    Protected health information governed by the federal privacy rule is exempt, so the act bites hardest on the marketing site, the advertising pixels and the lead capture rather than on the clinical record.

    Source: RSA 507-H

  4. 04

    One enforcer

    The Attorney General holds exclusive enforcement and consumers have no private right of action, which concentrates the exposure in a single office instead of spreading it across individual claims.

    Source: RSA 507-H

  5. 05

    Claims answer to trade law too

    RSA 358-A:2 makes an unfair or deceptive act in trade unlawful, so a misstatement about what a remote program does reaches the company through consumer law and the clinician through the board.

    Source: RSA 358-A:2

TESSIC HEALTH IN NEW HAMPSHIRE

How Tessic Health's providers cover New Hampshire

Two rules drive the build here. The relationship checklist decides what the first screen must collect, and the annual floor on scheduled drugs decides what the calendar has to remember on its own.

  1. 01

    The checklist is the intake

    Identity confirmation, the clinician's name and license type, consent and the history are collected as ordered steps in the first encounter, because the statute treats them as elements of the relationship rather than as good manners.

  2. 02

    Scheduled drugs carry a date

    Any patient in this state started on a Schedule II through IV medicine is booked for a further evaluation before a year has passed, and the platform blocks a renewal that would carry the prescription past that point.

  3. 03

    Every drug list is written down

    The record for a patient here names each prescription drug with its dosage, including medicines prescribed elsewhere, because the statute asks for that list as part of forming the relationship.

  4. 04

    Electronic transmission for scheduled drugs

    Controlled prescriptions for patients here are sent by certified electronic prescribing software, and a written or faxed prescription is treated as one of the statutory escapes rather than as an ordinary alternative.

  5. 05

    Where the medicine comes from

    Products reach patients in this state through pharmacies permitted to dispense here, priced at 0% markup, and anything temperature-sensitive ships cold-chain.

COMMON QUESTIONS

Questions about telehealth in New Hampshire

  • Yes. The statutory definition of telemedicine covers asynchronous interactions, so a review built on a history form and photographs qualifies. The relationship checklist still applies, including identity confirmation and the physician's own disclosure.

  • Their name, contact information and the type of health occupation license they hold. That disclosure is an element of forming the relationship, alongside verifying the patient's identity and obtaining consent.

  • Yes, subject to the annual floor. Controlled drugs in Schedules II through IV may be prescribed by telemedicine once the relationship exists, but a further evaluation by a practitioner licensed to prescribe the drug follows at least every year.

  • Yes, with listed exceptions. A prescription for a controlled drug is issued by electronic prescription unless a technology failure, an out-of-state pharmacy, direct dispensing or an approved hardship waiver applies.

  • No. A physician outside the state who delivers telemedicine is treated as practicing medicine here and needs a full license or a compact one. Nine compacts are available, which covers most clinical roles.

  • A consumer data privacy act is in force. It reaches a controller handling the data of 35,000 residents, lets residents opt out of targeted advertising, and requires consent before health or precise location data is processed.

SOURCES

Rules checked September 2026 · 19 sources cited. A planning summary, not legal advice. Statutes, board rules and enforcement priorities change; a brand's own counsel should review its model and marketing before launch.

OTHER STATES

Rules in other states

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