California Telehealth Consent Form: BPC 2290.5, Minors, and Audio-Only Visits

A California telehealth consent form must do three things required by Business and Professions Code Section 2290.5: inform the patient that care will be delivered by telehealth, obtain the patient’s verbal or written agreement, and document that agreement in the medical record before any telehealth service begins.¹ The statute itself says little about what the form has to contain, but the general informed consent standard, licensing board expectations, and federal rules on language access and controlled substances fill in the rest.

What BPC 2290.5 Actually Requires

The provider who initiates the telehealth encounter carries the consent obligation. Before delivering any care remotely, that provider has to tell the patient about the use of telehealth and get the patient’s verbal or written agreement, then document it.¹ The statute does not prescribe a format.

One substantive limit is written into the law. Section 2290.5(c) preserves the patient’s right to receive in-person services during a course of treatment, even after consenting to telehealth.¹ A consent form cannot restrict access to face-to-face visits.

Failure to comply is unprofessional conduct under subdivision (d), exposing the provider to discipline by their licensing board. The statute also excludes Section 2314, so a provider cannot defend a consent violation by arguing lack of intent.¹

Verbal or Written: Both Are Valid

California accepts either verbal or written consent.¹ A written form can be paper with a wet signature or an electronic form with a digital signature. Electronic signatures carry legal force in California under the state’s Uniform Electronic Transactions Act (Civil Code Sections 1633.1 through 1633.17), and the federal ESIGN Act prevents an electronic record from being denied effect solely because it is electronic.²

When consent is verbal, the agreement itself still has to be documented in the patient’s chart. The statute requires only that “the consent shall be documented,” without specifying content. In practice, a defensible verbal consent note records the date, what the patient was told, and confirmation that the patient agreed. Thin documentation becomes a problem later if the consent is questioned during a board investigation or malpractice claim.

What a Defensible Consent Form Covers

Here is the gap that trips providers up. BPC 2290.5 does not list specific disclosures. It does not enumerate risks, benefits, alternatives, or confidentiality terms the way some other state statutes do. A one-sentence form that says “I agree to receive care by telehealth” is technically compliant with 2290.5. It is also exposed under California’s broader informed consent doctrine if a patient later claims they were not adequately informed.

The Department of Health Care Services has published model telehealth consent language that providers can adapt, and it reflects what most licensing boards and malpractice carriers treat as the standard of care. A well-constructed form addresses:

Nature of the service, meaning whether the visit will be live video, audio-only, or an asynchronous exchange, and how that differs from an in-person encounter.
Technology risks such as dropped connections and audio or video failures, with instructions for what to do if the connection is lost.
Limitations of remote care, including the fact that some assessments cannot be performed remotely and may lead to a referral for in-person evaluation.
The patient’s right to withdraw consent to telehealth at any time without losing access to care.
The patient’s right to receive the same services in person, which the statute directly guarantees.¹
Confidentiality and privacy protections during the electronic encounter, including HIPAA and the California Confidentiality of Medical Information Act.
Provider identification, including name, license type, and location.
Emergency protocol instructions for what the patient should do if a medical emergency arises during the visit.

None of these items is individually mandated by Section 2290.5. Together they are what most boards expect to see when they review a telehealth practice.

Audio-Only Visits

California permanently expanded its telehealth definition to include audio-only telephone visits alongside video and asynchronous encounters. The consent rule under BPC 2290.5 applies the same way regardless of modality. A phone-only visit still requires that the patient be informed and that consent be obtained and documented beforehand.

Audio-only visits warrant extra attention in the consent itself because the clinical limitations are greater. Without video, the provider cannot observe physical symptoms, read body language, or do visual assessments. A form used for phone visits should name those limitations so the patient understands the tradeoff. Providers may also establish a new patient relationship by audio-only telehealth for sensitive services like mental or behavioral health, or when the patient lacks video access and requests it.

Consent for Minors

If a minor can legally consent to a particular service in person under California law, that same authority applies to a telehealth visit. Family Code Sections 6920 through 6929 allow minors aged 12 and older to consent on their own to specific categories of care:

Outpatient mental health treatment, if the minor is mature enough to participate and the professional determines the minor would face serious harm without services or is a victim of abuse.³
Diagnosis, treatment, and prevention of sexually transmitted infections, including vaccines like HPV and hepatitis B.
Counseling and treatment for drug or alcohol issues, for minors aged 12 and older.³
Care related to sexual assault and rape, including diagnosis, treatment, and evidence collection.

AB 665, signed in 2023, broadened minor consent for mental health by aligning outpatient counseling rights for minors aged 12 and older. The chart should document both the minor’s consent to the treatment and consent to receiving it by telehealth. Outside these categories, parental or guardian consent is required for both the underlying treatment and the telehealth delivery.

Prescribing Controlled Substances by Telehealth

California is more permissive than many providers assume. Under BPC 2242, prescribing without an appropriate prior examination is unprofessional conduct, but the statute states that the examination does not require a synchronous interaction and can be accomplished through telehealth, including a self-screening tool or questionnaire, so long as the provider meets the standard of care.⁴

Federal law is tighter. The Ryan Haight Online Pharmacy Consumer Protection Act generally requires at least one in-person medical evaluation before a practitioner can prescribe controlled substances remotely.⁵ The DEA has repeatedly extended COVID-era telemedicine flexibilities waiving that requirement. As of late 2025, the flexibilities run through December 31, 2026, allowing DEA-registered practitioners to prescribe Schedule II through V controlled substances by audio-video telehealth without a prior in-person evaluation. For opioid use disorder, Schedule III through V medications approved by the FDA for maintenance and withdrawal management can be prescribed by audio-only telehealth under the same extension.⁶ All prescriptions must still be issued for a legitimate medical purpose in the usual course of professional practice.

Watch the December 31, 2026 expiration. If the flexibilities are not extended or replaced, the Ryan Haight in-person evaluation requirement returns. A consent form that acknowledges the possibility of a required in-person follow-up hedges against that shift.

Language Access and Accessibility

A consent form the patient cannot understand is not consent. Section 1557 of the Affordable Care Act requires covered healthcare entities to take reasonable steps to provide meaningful access for patients with limited English proficiency. Language assistance must be free, accurate, and timely, and when a patient faces a treatment decision the interpreter must convey the information so the patient fully understands the consequences of agreeing or refusing. Machine-translated forms used for critical rights or access must be reviewed by a qualified human translator. Covered entities also have to post notice of available language assistance in English and at least the 15 most commonly spoken languages in their state.⁷

The Americans with Disabilities Act and Section 504 of the Rehabilitation Act impose parallel obligations for patients with disabilities. Electronic consent forms should be compatible with screen readers, navigable by keyboard, and available in large print or alternative formats on request. A patient with a hearing impairment may require sign language interpretation or real-time captioning for the consent discussion. Accommodation costs fall on the provider, not the patient.

Keeping the Signed Form

Telehealth consent documentation is part of the medical record, so California’s retention rules apply. Healthcare facilities must retain patient health records for a minimum of seven years after discharge. For minors, records must be kept until at least one year after the patient turns 18, and never less than seven years.⁸

For electronic consent systems, that retention period creates a practical burden. File formats go obsolete, platforms change, vendors fold. Keep consent records in widely supported formats and plan for migration. A lost record is not a defense when a licensing board asks to see documentation seven years after the visit.

1
California Legislative Information. California Code BPC 2290.5 – Telehealth
2
Office of the Law Revision Counsel. 15 USC 7001 – General Rule of Validity
3
Justia Law. California Family Code 6920-6929 – Consent by Minor
4
California Legislative Information. California Code BPC 2242 – Prescribing Without Examination
5
Office of the Law Revision Counsel. 21 USC 831 – Additional Requirements Relating to Online Pharmacies
6
Drug Enforcement Administration. DEA Extends Telemedicine Flexibilities to Ensure Continued Access to Care
7
U.S. Department of Health & Human Services. Language Access Provisions of the Final Rule Implementing Section 1557 of the Affordable Care Act
8
Legal Information Institute. California Code of Regulations Title 22, Section 72543 – Patients Health Records