August 14, 2025 | JacobiJournal.com — A coalition of doctors and cancer patients is taking their fight against New Jersey telemedicine restrictions to the U.S. Court of Appeals for the Third Circuit, arguing the state’s licensing rule violates multiple constitutional rights and jeopardizes access to life-saving care.
Rule Limits Out-of-State Specialists
The appeal follows a lower court’s dismissal of their lawsuit challenging a New Jersey law requiring out-of-state physicians to obtain a state license before treating Garden State patients via telehealth. Plaintiffs say the rule unfairly limits medical options for those with rare and complex conditions, who often rely on specialists outside New Jersey.
First Amendment and Patient Rights at Issue
Drs. Shannon MacDonald and Paul Gardner, along with two cancer patients, contend the restrictions infringe on the First Amendment by preventing discussions between certain doctors and patients about treatment options. Their brief argues these conversations constitute protected speech and that the state’s policy imposes content- and speaker-based limits that should face strict scrutiny.
Broader Constitutional Concerns
The plaintiffs also assert that the rule violates the dormant commerce clause by restricting interstate medical services, the privileges and immunities clause by imposing burdensome licensing requirements, and the 14th Amendment by limiting patients’ ability to direct their own medical care.
Attorneys Urge 3rd Circuit to Act
“The distinction between medical treatment and preliminary consultations via telemedicine is critical,” the appeal notes, accusing the lower court of sidestepping this issue.
Jack E. Brown of the Pacific Legal Foundation, representing the plaintiffs, expressed optimism that the Third Circuit will overturn the dismissal, forcing New Jersey to defend what he called an “outdated and potentially deadly rule.”
The New Jersey Attorney General’s Office has declined to comment on the case.
For more on telehealth policy trends, visit the American Telemedicine Association.
FAQs: About New Jersey Telemedicine Restrictions
What do New Jersey telemedicine restrictions require?
They mandate that out-of-state doctors obtain a New Jersey medical license before providing telehealth services to patients in the state.
Why are these restrictions being challenged in court?
Plaintiffs argue the law violates constitutional rights, including free speech, interstate commerce protections, and patient autonomy under the 14th Amendment.
What is at stake in the 3rd Circuit appeal?
The ruling could set a precedent for how states regulate telemedicine, potentially expanding or limiting access to out-of-state medical specialists.
What penalties could doctors face for violating New Jersey’s telemedicine restrictions?
Physicians who provide telehealth services without a valid New Jersey medical license could face fines, disciplinary action, or legal enforcement by the state medical board.
How might the 3rd Circuit decision impact telemedicine across the U.S.?
If the court strikes down New Jersey’s licensing requirement, it could weaken similar restrictions in other states, potentially opening the door to broader interstate telehealth access.
What arguments support the telemedicine restrictions?
Supporters claim the licensing rule protects patient safety, ensures quality of care, and allows the state to regulate physicians practicing on its residents.
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