In Minnesota, a video visit cannot start testosterone for a new patient. Minn. Stat. § 151.37, subd. 2(d) makes a Schedule III prescription invalid unless it rests on a documented evaluation that includes an examination, and subdivision 2(e) says that examination is met in person. The only telehealth exceptions cover erectile dysfunction drugs and opioid use disorder medication.
Testosterone is Schedule III under Minnesota’s own schedule, Minn. Stat. § 152.02, subd. 4(f)(1)(lix). The federal DEA flexibilities in 21 C.F.R. § 1307.41 run through December 31, 2026, as of September 2026, and they waive only the federal in-person requirement. For the other 50 jurisdictions, see telehealth testosterone by state.
Section 151.37 makes the exam a condition of a valid prescription
Paragraph (d) says a prescription drug order for “controlled substance drugs listed in section 152.02, subdivisions 3 to 5” is “not valid, unless it can be established that the prescription drug order was based on a documented patient evaluation, including an examination, adequate to establish a diagnosis and identify underlying conditions and contraindications to treatment.”
Paragraph (e) then says how the examination requirement is met. Clause (1) opens with “an in-person examination has been completed in any of the following circumstances.” Clause (2) is the telehealth route, and it is limited to two drug groups: phosphodiesterase type 5 inhibitors for erectile dysfunction, and medications for opioid use disorder. Testosterone is outside both.
Five circumstances that satisfy the in-person exam
Clause (e)(1) lists five. All are in-person exams; they differ in who performed it.
| Clause | Who performed the in-person exam | How it works in practice |
|---|---|---|
| (i) | The prescriber, at the time of the prescription | The prescriber sees the patient in the room |
| (ii) | The prescriber, at a prior visit | First visit in person, video follow-up after |
| (iii) | Another prescriber in the same group or clinic | A colleague examines in person, the telehealth prescriber relies on it |
| (iv) | A consulting practitioner the prescriber referred the patient to | The consultant’s in-person exam supports the order |
| (v) | The referring practitioner, when a consultant prescribes by telehealth | The patient’s own clinician examines in person and refers |
Clause (iii) is the one that makes a hybrid program run. One in-person exam by any prescriber in your group lets every prescriber in that group continue by video.
hCG and growth hormone are Schedule III in Minnesota
Minnesota’s Schedule III heading reads “Anabolic steroids, human growth hormone, and chorionic gonadotropin.” Human growth hormones are listed at § 152.02, subd. 4(f)(2), and chorionic gonadotropin at (f)(3), with an exception only for products intended for animals.
Federal law does not schedule hCG. It is absent from the DEA’s Schedule III list in 21 C.F.R. § 1308.13. In Minnesota, though, an hCG order falls under § 151.37, subd. 2(d)(1) exactly as testosterone does. If your protocol adds hCG to preserve fertility or testicular function, plan the same in-person exam for it.
The path that works in Minnesota
- Build the program inside one group or clinic. The in-person examiner and the telehealth prescriber should sit in the same practice entity, under the same medical records system.
- Open with an in-person exam in Minnesota. A prescriber in that group examines the patient in the room: history, exam, labs, diagnosis and contraindications, documented.
- Or use the referral route. When the patient’s own clinician has examined them in person and refers them, clause (v) lets a telehealth consultant prescribe on that exam. Keep the referral and the examining note in your chart.
- Confirm licensure. The telehealth prescriber must be authorized to practice medicine in Minnesota and hold a DEA registration covering Schedule III.
- Move follow-ups to synchronous video. Once the exam is on file, dose changes and refills can run by live video.
- Apply the same sequence to hCG. It is Schedule III in Minnesota.
Supervision structure for the state is covered in medical director in Minnesota. The aesthetics exam question is separate: see good faith exams in Minnesota.
What the statute leaves open
Three gaps are worth a question to counsel before launch.
- “Group or clinic” is undefined. Section 151.37 does not define it. A single professional entity with a shared chart is the safest reading; a loose network of independent prescribers is not.
- No recency window. The statute does not say how old the in-person exam may be. Your standard of care sets that, and a board will judge it after the fact.
- The federal rule is narrower after 2026. Unless the DEA extends its flexibilities or finalizes a new rule, a valid federal telemedicine prescription will again require an in-person evaluation by the prescriber, or a “covering practitioner” acting for a temporarily unavailable prescriber (21 C.F.R. § 1300.04(b), (l)(1)). A colleague’s exam that satisfies Minnesota under clause (iii) may not satisfy the DEA. See the DEA deadline.
How MDside handles Minnesota
MDside is LegitScript certified. Its testosterone visits are synchronous, live video with the prescriber, and offered only in states whose rules allow them. Minnesota requires an in-person exam first, so MDside does not start Minnesota patients by video. See hormone therapy for how the program runs where it is offered.
What this means for you
Do not send Minnesota testosterone traffic to a home-video intake. Build the first visit around an in-person exam by a prescriber in the same group or clinic, or take the patient on referral from a clinician who has examined them in person. Treat hCG and growth hormone as Schedule III in the same workflow. Put the next in-person reassessment on the calendar at enrollment, and plan now for a federal rule after December 31, 2026 that may credit only the prescriber’s own exam.
Related reading
Frequently asked questions
Can you get testosterone through telehealth in Minnesota?
Yes, after an in-person exam. Minn. Stat. § 151.37, subd. 2(d) and (e) require an examination for Schedule III prescriptions, met by an in-person exam. The prescriber, a colleague in the same group or clinic, or a referring or consulting practitioner can perform it. Follow-up visits can then run by live video.
Does Minnesota have a telehealth exception for testosterone?
No. Minn. Stat. § 151.37, subd. 2(e)(2) allows a telehealth examination for two groups only: phosphodiesterase type 5 inhibitors used for erectile dysfunction, and medications for opioid use disorder. Testosterone is Schedule III in Minnesota and falls outside both, so the in-person route in clause (e)(1) applies.
Is hCG a controlled substance in Minnesota?
Yes. Minn. Stat. § 152.02, subd. 4(f)(3) lists chorionic gonadotropin in Schedule III, with an exception only for products intended for animals. Federal law does not schedule hCG. In Minnesota, an hCG prescription carries the same in-person exam requirement as testosterone under § 151.37.
Can another provider’s in-person exam count in Minnesota?
Yes, in defined cases. Section 151.37, subd. 2(e)(1) accepts an in-person exam by another prescriber in the same group or clinic, by a consultant the prescriber referred to, or by the referring practitioner when a telehealth consultant prescribes. The statute does not define “group or clinic,” so confirm your structure with counsel.
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This is general information, not legal advice. Rules vary by state and change. Confirm your own facts with counsel.