Telemedicine Compliance: The Practice Requirements

• Published in: Journal of Health Care Compliance 2020-03, Vol.22 (2), p.27-61
• Main Author: Faget, Kyle Y
• Format: Article
• Language: English
• Subjects: Communication; Compliance; Licenses; Medicine; Physicians; Telecommunications systems; Telemedicine
• ISSN: 1520-8303

Before jumping into the compliance concerns associated with telemedicine, it is important to understand some basic terminology that helps to define telemedicine practice. Because the practice of medicine is largely defined by each individual state, each state has its own definition of what constitutes telemedicine. [...]in Georgia, a physician who is physically located in another state who performs an act that is part of a patient care service located in the state through the use of any means, including electronic, radiographic, or other means of telecommunication, is practicing medicine and must be appropriately licensed.3 There are, of course, exceptions to the general rule that a physician must be licensed in the state in which his or her patient is located when providing health care services. [...]in Ohio, a physician or surgeon in another state or territory who is a legal practitioner of medicine or surgery in that state and who provided services to a patient in that original state or territory may provide follow-up services in person or through the use of any communication, including oral, written, or electronic communication, in this state to the patient for the same condition for one year following the date of services for that condition, if that patient is now in Ohio.4 In Florida, licensure is not required for a physician located and licensed in another state or foreign country who is in actual consultation with a Florida-licensed doctor.5 There are also states that specifically offer a limited license for physicians who are located outside the state whereby a physician may obtain a telemedicine license to provide telemedicine services to patients located in, for example, the state of Georgia. "11 "Telehealth" means a mode of delivery of health care services through telecommunications systems, including information, electronic, and communication technologies, to facilitate the assessment, diagnosis, consultation, treatment, education, care management, or self-management of a person's health care while the person is located at an originating site and the provider is located at a distant site.