Weight loss

Weight Loss

How Online Medical Supervision Legally Works in India

Dr. Himalay Agarwal

Dr. Himalay Agarwal

Consultant Internal Medicine

A consultation with a doctor you have never met in person is lawful in India, and has been since March 2020. What that consultation is allowed to produce at the end of it is a much narrower question, and it is usually the one people actually want answered.

India's Telemedicine Practice Guidelines set out who may consult remotely, in which modes, what may and may not be prescribed, and what the doctor is obliged to record. Below is what those rules say as of 2026, including the parts that will disappoint anyone treating a video call as a shortcut.

Key Takeaways:

  • The Telemedicine Practice Guidelines 2020 are incorporated into the Code of Medical Ethics under Regulation 3.8. Breaching them is a professional-conduct matter, not a departure from best practice.
  • A first remote consultation is permitted. The doctor may gather history, review investigations and arrive at a provisional diagnosis without a prior in-person appointment.
  • Prescribing follows a four-list framework: List O (any mode, any consult), List A (video only on a first consult), List B (follow-up only, prior in-person required), and Prohibited (never, in any mode).
  • The NMC's August 2023 conduct regulations, which would have added detailed telemedicine rules and platform obligations, are currently in abeyance. The operative instrument remains the 2020 guidelines.
  • Online supervision is a change in the logistics of clinical care, not in its substance. The same standard of care, record-keeping and disciplinary exposure apply as for an in-person visit.

Which rulebook a teleconsultation in India actually sits under

The operative instrument is the Telemedicine Practice Guidelines 2020, issued on 25 March 2020 by the Board of Governors appointed in supersession of the Medical Council of India, in partnership with NITI Aayog, under the Indian Medical Council Act 1956. In May 2020 the Government of India gazetted an amendment to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002, inserting Regulation 3.8, "Consultation by Telemedicine", and appending the guidelines as Appendix 5.

Regulation 3.8.1 states that consultation through telemedicine by a Registered Medical Practitioner "shall be permissible in accordance with the Telemedicine Practice Guidelines contained in Appendix 5." Because the guidelines are incorporated by reference into the Code of Medical Ethics, breaching them is a professional-conduct matter rather than a departure from best practice.

One layer of confusion is worth clearing. In August 2023 the NMC notified the Registered Medical Practitioner (Professional Conduct) Regulations 2023, which carried their own telemedicine chapter. Three weeks later, an amendment placed those regulations in abeyance, stating they "shall not be operative and effective till further Gazette Notification", and re-adopted the 2002 Ethics Regulations.

As of mid-2026 no gazette notification reviving the 2023 rules has been identified, and the NMC's own listing continues to carry the abeyance. Anything quoted from a "Telemedicine Practice Guidelines 2023" therefore traces back to a document that currently has no operative force.

The National Medical Commission Act 2019 dissolved the MCI, but section 61(2) preserves regulations made under the older Act until they are altered or repealed, which is why a 2002 instrument still governs in 2026.

Whether a first appointment can happen entirely online

A first consultation may take place over telemedicine. The guidelines allow an RMP to gather history, review investigations, observe visual cues where video is used, and arrive at a provisional diagnosis without the patient ever attending in person.

Two constraints sit immediately beside that permission:

  • A duty to stop: Where the RMP considers the information inadequate, or the situation unsuitable for remote assessment, the guidelines require the consultation to be limited to health advice or education and the patient referred for an in-person consultation.
  • Diverging prescribing rules: What may be prescribed on a first consult differs from what may be prescribed on a follow-up. This is where most of the practical restriction lives.

Teleconsultations also cannot be anonymous. The RMP is required to identify themselves by name and qualification at the start, and to confirm the patient's identity by name, age, address or another reasonable identifier. In an emergency, the guidelines narrow the scope sharply: the RMP provides immediate assistance, first aid and referral advice, with in-person care to be arranged at the earliest opportunity.

Whether a doctor registered in one state can consult you in another

The guidelines define a Registered Medical Practitioner as a person enrolled in a State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956. They do not create a separate telemedicine registration, and they do not require a doctor to re-register in each state whose patients they consult.

The most explicit statement of national scope appears in the 2023 conduct regulations that are currently in abeyance. That wording is reported rather than confirmed by an operative instrument.

What can be said from the operative text is narrower: the guidelines condition telemedicine on being an RMP, no contrary territorial restriction has been identified in the Act or the Ethics Regulations, and the same abeyant instrument indicated that misconduct complaints would be filed with the State Medical Council where the doctor was located at the time of the consultation.

The four medicine lists that decide what can be prescribed remotely

Prescribing over telemedicine is governed by a matrix in Annexure 1 of the guidelines, built from three variables: the mode of communication, whether the consultation is a first consult or a follow-up, and which of four categories the medicine falls into.

List O: Video, audio or text consultations permitted, first or follow-up. Covers over-the-counter medicines such as paracetamol, oral rehydration salts, antacids and lozenges, plus medicines notified as necessary in emergencies.

List A: Video only for a first consult; any mode for follow-up continuation. Covers relatively safe medicines with low abuse potential where diagnosis is feasible on video, plus refills for chronic conditions such as diabetes, hypertension and asthma.

List B: Any consultation mode, follow-up only. Covers add-on medicines optimising an existing regimen, and refills or new medicines for the same condition, after at least one prior in-person consultation.

Prohibited: No consultation mode permitted. Covers Schedule X drugs under the Drugs and Cosmetics Rules 1945 and narcotic and psychotropic substances under the NDPS Act 1985.

Nothing on the prohibited list may be prescribed over telemedicine in any mode, in any consultation type, by any doctor. Doing so is listed in the guidelines as professional misconduct rather than as a judgement call.

The List B row is the one that most often surprises people. A medicine in that category cannot be prescribed at a first remote consultation at all, however thorough the assessment, because the category is defined around a condition already assessed face to face.

Where Schedule H sits, and what a valid telemedicine prescription must carry

Schedule H is India's general prescription-only category, and the guidelines do not ban Schedule H prescribing over telemedicine outright. Instead they route it through the List O, A and B framework and require that any telemedicine prescription comply with the Drugs and Cosmetics Act and Rules generally.

That leaves a real gap, and it is worth naming rather than smoothing over. The guidelines do not enumerate which Schedule H and H1 drugs fall into List A and which into List B. The categorisation is left to case-by-case clinical judgment and to potentially divergent interpretation between practitioners.

The Telepsychiatry Operational Guidelines 2020 did produce a granular mapping for psychiatric medicines, sorting antidepressants, antipsychotics and anticonvulsants across their own lists, which demonstrates that the mapping is possible. It has not been done for other specialties.

Where a prescription is issued, its form is prescribed rather than discretionary. It must be in writing and signed by the RMP, which the guidelines allow as a handwritten, scanned, photographed or digitally signed copy. It must carry:

  • The doctor's name, qualification and registration number
  • The patient's name and address (in line with Rule 65 of the Drugs Rules 1945)
  • The total quantity supplied and the dosage

If the prescription is transmitted directly to a pharmacy, the RMP must have the patient's explicit consent for that transmission and must preserve the patient's own choice of pharmacy.

Consent, and what the doctor is required to write down

Consent runs on two tiers. Where the patient initiates the teleconsultation, consent is implied, on the reasoning that seeking a remote consult is itself agreement to that mode. Where a health worker, another RMP or a caregiver initiates it, explicit patient consent is required, and it can be captured in any mode, including a recorded audio or text statement.

Either way, the consent is recorded in the patient's records. A caregiver consulting for an adult who is not incapacitated needs formal authorisation from the patient or their legal representative, not merely a family relationship.

Documentation is an explicit duty rather than good practice. The guidelines require the RMP to maintain logs of telemedicine interactions, including phone logs, email records, chat and text records and video interaction logs, and to retain the patient records, reports, documents, images and diagnostic data used in the consultation. The official FAQs reiterate that telemedicine prescription records are kept the same way as records from an in-person visit.

What the guidelines do not do is set a retention period. The text requires records to be kept "for the period, as prescribed from time to time", and no telemedicine-specific duration has been located in the primary instruments. Practitioner checklists commonly suggest three to seven years by analogy with general medical-record norms, which is inference rather than a stated rule.

Layered on top, the Digital Personal Data Protection Act 2023 treats teleconsultation records as digital personal data, making the clinic or platform a Data Fiduciary and the patient a Data Principal with rights to be informed, to access, to correct or erase, and to seek grievance redressal.

What the guidelines treat as misconduct

The guidelines name specific conduct as misconduct rather than leaving it to inference. Four examples appear in the text:

  • Insisting on telemedicine where the patient is willing to travel and requests an in-person consultation.
  • Misusing patient images or data, including posting private material on social media.
  • Prescribing from the prohibited list.
  • Soliciting patients for telemedicine through advertisements or inducements.

Penalties follow the route that already exists for professional misconduct. Complaints are ordinarily lodged with State Medical Councils, which may impose sanctions ranging from a warning or censure through to suspension or removal from the register. Courts have treated telemedicine as subject to the same standard of care as in-person practice, so a negligence or consumer-protection claim is assessed against that standard.

Platform-level duties are the weakest part of the current framework. The detailed obligations on technology platforms, verifying the credentials of listed doctors, appointing grievance officers, and facing blacklisting for breaches, sat in the 2023 regulations that are in abeyance. With those non-operative, platform responsibilities rest mainly on horizontal information-technology and data-protection law rather than on a telemedicine-specific rule.

What the rules will not do for a patient in a hurry

The framework is permissive about where care happens and restrictive about what a remote consultation can produce. Four limits apply regardless of how thorough the remote assessment is:

  • Nothing obliges an RMP to issue a prescription at the end of a teleconsultation.
  • The entire Prohibited list cannot be prescribed remotely.
  • List B medicines cannot be prescribed at a first remote consultation. The condition must have been assessed in person first.
  • Product-specific approval conditions can narrow the field further before any telemedicine rules are reached.

Read that way, online supervision is a change in the logistics of clinical care rather than in its substance: the same registration, the same standard of care, the same record-keeping, the same disciplinary exposure.

Questions about whether online supervision is the right structure for your situation? A Voy clinician can assess your specific circumstances within the framework described above. Book a consultation.

This article is for general information and education only and is not medical advice, diagnosis, or treatment. GLP-1 and other medications referenced are prescription-only and are appropriate only for certain people under the supervision of a qualified clinician. Do not start, stop, or change any medication based on this article. Please consult a registered medical practitioner about your individual circumstances. Information reflects what was available at the time of review and may change.

Related articles

Premium Star Icon

Join 25 Lakh members getting healthy

Doctor-backed weight loss support you can trust

Trustpilot

Trusted by 25 Lakh +
Customers

Still confused?

App Store
Download on theApp Store
Google Play
Get it onGoogle Play