New Jersey Telemedicine Licensure Court Case – The Proceedings Continue to Unfold

In December 2023, a case was filed in US District Court for New Jersey that challenged New Jersey’s in-state licensure law. The law (NJ Statute C:45:1-62(2)(b)) requires health care providers to be licensed in New Jersey in order to provide telehealth services to New Jersey patients. Generally, licensure of medical professionals, in this case physicians, is within the jurisdiction of states to decide and regulate, however the plaintiffs in Shannon MacDonald, MD, et al v. Otto Sabando claimed that New Jersey’s licensure restrictions preventing the cross-state use of telehealth were illegal based upon four different constitutional arguments:
- Commerce Clause & Dormant Commerce Clause
- Privileges and Immunities Clause
- First Amendment Protection on Speech
- Due Process Clause



