Legal Brief – Telemedicine Reciprocity: Beware of State-by-State Legislation

telemedicine that crosses over state lines

With this recurring column, Elite Healthcare provides readers with insight related to the legal implications of healthcare – offering practical guidance on scenarios that should be avoidable and providing suggested courses of action when appropriate. The examples provided here are those that all providers should be aware of, but many aren’t or are negligent despite their awareness. Don’t let your practice be compromised.

Telemedicine Reciprocity: Beware of State-by-State Legislation

The practice of telemedicine that crosses over state lines is not permitted everywhere throughout the United States. State law is always the standard. For instance, in New York, the patient on the receiving end of treatment cannot be located in a state that the medical provider is not licensed to practice in. Remember that this standard is not calculated by where the healthcare practitioner in question is located when he or she is providing care and is instead focused on where the patient is located when he or she is receiving medical care. 

In 29 states, cross-state limited practice is allowed, effectively bypassing state licensing. All healthcare providers involved in telemedicine must know state licensure laws. Consultation with a qualified healthcare attorney is strongly advised before any clinician renders care to a patient through telemedicine means.

 

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