Third Circuit Upholds New Jersey Physician Licensure Requirement for Provision of Telemedicine to New Jersey Patients

Third Circuit Upholds New Jersey Physician Licensure Requirement for Provision of Telemedicine to New Jersey Patients
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Published: 9/9/2026

On August 31, 2026, the U.S. Court of Appeals for the Third Circuit issued an opinion in MacDonald v. President of the New Jersey State Board of Medical Examiners, upholding New Jersey’s requirement that physicians obtain a New Jersey medical license before providing telemedicine to patients located in the State. Three New Jersey residents and two physicians licensed outside New Jersey had originally filed suit, arguing that the licensure requirement violated their First Amendment right to free speech. The District Court rejected the plaintiffs’ arguments and dismissed the complaint, but the plaintiffs appealed.

On appeal, the Third Circuit held that, although the licensure requirement regulates speech and is content-based because it applies to diagnoses, treatment recommendations, and other medical advice, the most rigorous level of review for speech was not warranted given the longstanding history of State medical-licensing laws. The Third Circuit concluded that New Jersey’s licensure requirement advances the State’s important interest in protecting patient health and safety without burdening more speech than necessary. The Third Circuit also emphasized that the licensure requirement applies equally to in-state and out-of-state physicians.

New Jersey providers and practices that rely on out-of-state physicians for telemedicine should review provider licensure as well as credentialing and onboarding procedures to ensure compliance with New Jersey’s telemedicine and licensure requirements.

We Can Help. Brach Eichler’s Healthcare Law attorneys are available to assist physicians and medical practices with telemedicine compliance, professional licensing, and related regulatory matters.

John D. Fanburg, Esq., Managing Member and Chair, Healthcare Law, jfanburg@bracheichler.com, 973.403.3107

Edward Hilzenrath, Esq., Member, Healthcare Law, ehilzenrath@bracheichler.com, 973.403.3114

Vanessa Coleman, Esq., Associate, Healthcare Law, vcoleman@bracheichler.com, 973.364.5208

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Related Practices:   Healthcare Law

Related Industry:   Healthcare