Telehealth has transformed the wellness and aesthetics space. What used to require an in-person medical exam can now often be handled virtually, whether it’s a consultation for hormone replacement therapy, a prescription for a GLP-1 medication like semaglutide, or a follow-up after an IV therapy session. But with convenience comes complexity. Offering telehealth means stepping into a heavily regulated space where compliance isn’t optional, it’s critical.
If your wellness clinic, med spa, or mobile aesthetic practice wants to offer telehealth legally and safely, here’s what you need to know.
Telehealth = Medical Practice, Not Just a Zoom Call
Telehealth may offer flexibility in how care is delivered, but it remains a form of medical practice subject to state medical board oversight. Whether services are provided via video, phone, or asynchronous platforms, licensed clinical supervision is not optional – it’s required. Regulations vary widely across states, making it essential to structure your telehealth operations in full compliance with local laws.
Some clinics mistakenly believe that being cash-pay or wellness-focused exempts them from standard medical regulations. However, regulatory authorities make no such distinction. If your clinic is diagnosing, prescribing, or overseeing treatment via telehealth, it is legally considered the practice of medicine – and all associated compliance and oversight requirements fully apply.
Know Where Your Patient Is, Not Just Where You Are
In telehealth, licensing is based on the patient’s location, not the provider’s. So if your medical director is licensed in Texas, they cannot legally conduct a virtual consultation for a patient physically located in California, unless they’re also licensed there.
This is one of the most common mistakes we see in growing wellness brands. Clinics expand marketing across the U.S. and assume one provider can handle all incoming virtual consultations. That’s a fast path to noncompliance and potential licensure issues. If you’re seeing clients in multiple states, your telehealth model must include:
- Licensed providers in each state where patients are located.
- Protocols for verifying patient location at time of service.
- Clear disclosures about who is providing the care and under what license.
Wellness MD Group can help multi-state operators stay compliant with licensed medical directors across multiple regions, ensuring proper coverage and documentation.
Informed Consent Is Still Required
Just because a visit is virtual doesn’t mean you can skip consent. Informed consent is a legal and ethical obligation, and in some states, it must be documented before any telehealth service occurs. Failure to obtain and document consent could invalidate the treatment and leave your clinic exposed in the event of a patient complaint or legal action. This includes:
- Explaining what telehealth is
- Noting potential risks (such as limitations of a virtual exam)
- Outlining how follow-up care is handled
- Disclosing who the supervising physician is
Avoid These Two Common Telehealth Mistakes
1. Treating Telehealth Like a Sales Call
Some wellness clinics blend consultations with sales, especially when offering packages for weight loss or hormone therapy. While there’s nothing wrong with educating the client, the moment medical advice is given, the interaction becomes a medical visit, and it must be conducted by a licensed provider. Only licensed medical professionals should:
- Answer health-related questions
- Recommend or approve treatment plans
- Prescribe medications or order labs
Unlicensed staff cannot “screen” patients with medical questions and pass them to the provider later. That’s a major compliance risk.
2. Using the Wrong Technology
Sending health data through text, Instagram DMs, or unsecured email violates HIPAA, even if the patient is comfortable with it. Clinics must use secure, encrypted platforms for video calls, messaging, and recordkeeping. If you’re recording visits or storing session notes, those too must be stored in a HIPAA-compliant system. At a minimum, your clinic should:
- Use secure video platforms with end-to-end encryption
- Store patient files in a HIPAA-compliant EHR or CRM
- Use consent forms that clearly disclose telehealth risks and limitations
Documentation Still Matters (Maybe Even More)
One of the biggest compliance blind spots in telehealth is poor documentation. Just like an in-person visit, every virtual consult should include a complete medical record:
- Date, time, and location of the patient
- Provider name and license
- Chief complaint or reason for visit
- Notes on the conversation, findings, and recommendations
- Signed or acknowledged informed consent
Regulators expect the same level of detail in telehealth as they do in person. And in the event of a complaint, your documentation is often your only defense.
What About Remote Prescribing?
Telehealth prescribing is legal in most states, but not without rules. The provider must conduct an appropriate evaluation, which usually means a live video or phone call. Some states allow asynchronous telehealth (questionnaires or text-based intake), but others require real-time interaction before medications like semaglutide, testosterone, or thyroid hormones can be prescribed.
Federal law (the Ryan Haight Act) also restricts prescribing controlled substances via telehealth, although recent COVID-era relaxations have shifted some policies. As those expire, it’s critical to verify what’s allowed in each state you operate in. For clinics offering wellness prescriptions, our compliance reviews include a state-by-state prescribing check to keep you within legal bounds.
Closing Thoughts
Telehealth opens incredible opportunities for growth, flexibility, and patient care in the wellness space. But it also introduces real risks if handled without proper medical oversight. From provider licensing and consent to technology platforms and recordkeeping, every step of the process must be legally sound.
At Wellness MD Group, we help wellness and aesthetic clinics build compliant, scalable telehealth programs that align with state law and medical board expectations, so you can grow confidently without risking your license.
Schedule a Call and let’s build a telehealth model that works, and works legally.
