Senate BillPassed first houseBusiness and Professions
SB 1002: Out-of-state physicians and surgeons: telehealth: license exemption.
What SB 1002 does, verified June 25, 2026
This bill would amend the law to allow out-of-state physicians and surgeons to deliver health care services via telehealth to eligible patients in California without needing a California medical license. Eligible patients would include individuals with life-threatening diseases or conditions, as well as those in remission who continue to receive care from an out-of-state physician. The law would define "eligible patient" to exclude those who can participate in a nearby clinical trial due to their condition. This change would provide more flexibility for patients and allow for the continuation of care with out-of-state physicians in cases where it is deemed unreasonable for a patient to participate in a clinical trial.
Bill journey
✓IntroducedComplete
✓In CommitteeComplete
✓First Chamber FloorComplete
4Second ChamberCurrent
5GovernorPending
6ChapteredPending
Last action: June 23 set for first hearing. Failed passage in committee. (Ayes 6. Noes 6.) Reconsideration granted. (2026-06-23)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions14 total · showing 5
| Jun. 23, 2026 | June 23 set for first hearing. Failed passage in committee. (Ayes 6. Noes 6.) Reconsideration granted. |
| Jun. 23, 2026 | Coauthors revised. |
| Jun. 15, 2026 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P. |
| May. 11, 2026 | Referred to Com. on B. & P. |
| Apr. 27, 2026 | In Assembly. Read first time. Held at Desk. |
Latest bill textAmended version, June 15, 2026 · 793 words
| Amended IN Assembly June 15, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Senate Bill
No. 1002
| Introduced by Senator Niello (Coauthor: Senator Valladares) |
February 09, 2026 |
An act to amend Section 2052.5 of the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1002, as amended, Niello. Out-of-state physicians and surgeons: telehealth: license exemption.
Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of the practice of medicine by physicians and surgeons. Existing law generally prohibits the practice of medicine without a physician’s and surgeon’s certificate issued by the board.
Existing law authorizes a health care provider to deliver health care via telehealth to a patient pursuant to specified protocols and conditions. Existing law defines “telehealth” as the delivery of health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care, and that telehealth includes synchronous interactions and asynchronous store and forward transfers.
Existing law authorizes an eligible out-of-state physician and surgeon, as defined, to deliver health care via telehealth to an eligible patient. Existing law defines “eligible patient” as a person who, among other requirements, has a life-threatening disease or condition, as defined, and has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition, as specified, or in the medical judgment of a physician and surgeon, as defined, it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and state of disease.
This bill would also include within the definition of “eligible patient” a patient whose immediately life-threatening disease or condition is in remission and the patient is continuing care for that condition with the previously established eligible out-of-state physician and surgeon, and would provide that those patients are not subject to the clinical trial requirement, as specified.
The people of the State of California do enact as follows:
SECTION 1.
Section 2052.5 of the Business and Professions Code is amended to read:2052.5.
(a) For purposes of this section, the following definitions apply:(1) “Eligible patient” means a person who meets all of the following requirements:
(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or the immediately life-threatening disease or condition is in remission and the patient is continuing care for that condition with the previously established eligible out-of-state physician and surgeon.
(B) Has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following:
(i) The use of an eligible out-of-state physician and surgeon’s telehealth health care services.
(ii) The release of certified medical records to their primary physician and surgeon by the out-of-state physician.
(C) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and stage of disease. This requirement shall not apply to patients where the immediately life-threatening disease or condition is in remission and the patient is continuing care with the previously established eligible out-of-state physician and surgeon.
(D) Has documentation from their primary physician and surgeon attesting that they meet the requirements in subparagraphs (A), (B), and, if applicable, (C). The primary physician and surgeon may withdraw the documentation if there is a substantial change in the patient’s mental capacity to make informed decisions for their own care unless their legally authorized representative has given written informed consent on their behalf.
(2) “Eligible out-of-state physician and surgeon” means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patient’s illness.
(3) “Primary physician and surgeon” means a physician and surgeon licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed under the Osteopathic Act (Article 21 (commencing with Section 2450)).
(4) “Telehealth” has the same meaning as provided in Section 2290.5.
(b) Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient.
Text of SB 1002 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions