Published: Feb 12, 2026
Written by Klarity Editorial Team
Published: Feb 12, 2026

Navigating the world of telehealth regulations can be confusing, especially when seeking treatment for conditions like Binge Eating Disorder (BED). With rapidly changing telehealth laws and varying state regulations, patients often wonder: ‘Can I legally receive medication for BED through telehealth services?’ The good news is that for non-controlled medications commonly used for BED, such as Topamax (topiramate) and Wellbutrin (bupropion), telehealth remains a viable, legal option across the United States in 2026. This article clarifies the current telehealth prescribing landscape, helping you understand how and where you can access these treatments online.
The most important fact to understand is that both Topamax and Wellbutrin are non-controlled medications, which means they fall under much more permissive telehealth prescribing rules than controlled substances like stimulants or anxiety medications.
While controlled substances face strict regulations under the Ryan Haight Act and various state laws, non-controlled medications like these are legally prescribable via telehealth in all 50 states when prescribed by a licensed provider who meets the standard of care requirements.
As the medical director at Klarity Health explains, ‘Non-controlled medications for BED have never been subject to the Ryan Haight Act restrictions. This means our providers can legally prescribe these treatments via video visits without requiring in-person examinations in most cases.’
While telehealth prescribing of non-controlled medications is universally permitted, some states have implemented periodic in-person requirements for ongoing care:
States with NO in-person requirements: Most states including California, Delaware, Florida, Michigan, New York, South Carolina, Texas, and Wisconsin have no mandatory in-person visits for non-controlled medications prescribed via telehealth.
States with periodic in-person requirements: A few states require an in-person visit within a certain timeframe for ongoing telehealth care. For example:
Alabama: Requires an in-person visit if you have more than 4 telehealth visits in 12 months for the same condition
Georgia: Requires an attempt to have an in-person exam at least annually for ongoing telehealth care
New Hampshire: Requires an in-person exam at least every 12 months for ongoing medication management
Even in these states, the initial prescription can typically be obtained via telehealth, and the follow-up requirement can often be fulfilled by any collaborating provider, not necessarily the telehealth prescriber.
Any licensed prescriber—MD, DO, NP, or PA—can prescribe non-controlled medications for BED via telehealth, though state laws determine their level of autonomy:
Physicians (MDs/DOs) can prescribe these medications independently in all states.
Nurse Practitioners (NPs) have full practice authority (independent prescribing) in 34 states plus DC, including California, New York, Michigan, and Wisconsin. In the remaining states (like Texas, Florida, and Georgia), NPs work under collaborative agreements with physicians but can still prescribe non-controlled medications.
Physician Assistants (PAs) generally need some form of physician supervision or collaboration in most states, though the specific requirements vary.
At Klarity Health, our carefully vetted network includes providers licensed in multiple states who understand both the clinical aspects of BED and the telehealth regulations governing their practice.
A legitimate telehealth evaluation for BED should include:
Be prepared to answer questions about your binge eating behaviors, including frequency (at least once weekly for 3 months is a key DSM-5 criterion), feelings of loss of control, and emotional distress associated with binges.
Telehealth providers must maintain thorough documentation, including:
Uses and effectiveness: Though primarily FDA-approved for seizures and migraines, Topamax is often prescribed off-label for BED due to its effects on impulse control and appetite regulation.
Telehealth considerations:
Uses and effectiveness: FDA-approved for depression and smoking cessation, Wellbutrin is sometimes used off-label for BED based on clinical evidence supporting its role in reducing binge frequency.
Telehealth considerations:
Certain circumstances may make you less suitable for telehealth BED treatment:
Avoid telehealth services that:
At Klarity Health, we prioritize comprehensive care and follow evidence-based protocols that prioritize patient safety. Our providers conduct thorough evaluations, offer integrated care approaches, and maintain regular follow-up schedules to monitor progress and adjust treatment as needed.
For non-controlled BED medications, providers can often issue prescriptions with refills, reducing the frequency of required appointments. However, a typical follow-up schedule might include:
While most states require prescribers to check the state PMP database before prescribing controlled substances, this requirement generally doesn’t apply to non-controlled medications like Topamax and Wellbutrin.
Your provider may still check the database as part of good clinical practice, particularly to verify you’re not taking other medications that might interact, but it’s not typically mandated by law for these specific medications.
The telehealth landscape continues to evolve:
Find the right provider for your needs — select your state to find expert care near you.