Can the pre-treatment exam be done by telehealth in New York?

NEW YORK PUTS THE ASSESSMENT AND THE DIAGNOSIS INSIDE THE DEFINITION OF TELEHEALTH ITSELF. “Telehealth” means “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”, and “Telemedicine” means “the use of synchronous, two-way electronic audio visual communications to deliver clinical health care services, which shall include the assessment, diagnosis, and treatment of a patient, while such patient is at the originating site and a telehealth provider is at a distant site.” ⛔ THE MODALITY LIST IS CLOSED AND SHORT: “telehealth shall be limited to telemedicine, store and forward technology, remote patient monitoring and audio-only telephone communication”, and “Telehealth shall not include delivery of health care services by means of facsimile machines, or electronic messaging alone”. A “telehealth provider” is enumerated by license: “a physician licensed pursuant to article one hundred thirty-one of the education law” is (a), “a physician assistant licensed pursuant to article one hundred thirty-one-B of the education law” is (b), and “a nurse practitioner licensed pursuant to article one hundred thirty-nine of the education law” is (d) — so the remote encounter is authorized for exactly the clinicians a med spa would use.

N.Y. Pub. Health Law § 2999-cc(2), (4)-(5) (Telehealth — definitions) · verified Sep 8, 2026 · regulatory monitoring, not legal advice