The Texas Medical Board recently adopted a new rule requiring face to face encounters by physicians with patients before prescribing medication. Teladoc has sued the Texas Medical Board in Federal Court alleging restraint of trade, stating that the new Texas rule “would raise prices and reduce access” to telehealth services. The Complaint alleges the same wrongful conduct as the recent case against the North Carolina State Board of Dental Examiners which attempted to restrain non-dentists from providing teeth whitening services. United States Supreme Court just held on February 25, 2015 that the State Board of Dental Examiners was immune from Sherman Act Regulation under the Doctrine of State – Action Antitrust Immunity. Some commentators expect the same issues to arise in the Texas Teladoc case.
