U.S. Court of Appeals for the Third Circuit
Shannon MacDonald v. President NJ State Board of Medical Examiners
August 31, 2026
Summary
The Court held that New Jersey may require out-of-state physicians to obtain a New Jersey license before providing medical advice by telemedicine to patients in the state. Although the requirement regulates content-based speech, the longstanding tradition of medical licensing and the modest burdens of New Jersey's streamlined process allow the law to survive intermediate scrutiny. The Court also rejected the dormant Commerce Clause and Privileges and Immunities Clause challenges, while directing dismissal without prejudice of the father's substantive due process claim for lack of standing.