LEGISLATIVE, LEGAL AND POLICY ISSUES IN TELEMEDICINE & TELEHEALTH

A Third Policy Alternative For Interstate Telemedicine Revisited

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Summary
Generally there are two principle methods for handling interstate telemedicine: 1) requiring out of state physicians to maintain a full license to practice telemedicine in the patient's state, and 2) permitting out of state physicians to be 'registered' to practice telemedicine in the patient's state. The former is quite rare, thought to exist in only two states, while the latter is perceived as quite protective and restrictive, potentially limiting interstate telemedicine to the medically underserved patient's detriment.

A third option ought to be considered that permits local physicians to maintain the ultimate decision-making authority for their patient's care, while offering the expertise of practitioners around the country. This policy alternative was introduced briefly in 1995 by Oregon U.S. Representative (now Oregon U.S. Senator) Ron Wyden. In 1998, the Young Lawyers Division of the American Bar Association (ABA) resurrected and amplified it, publishing the following short report.

Their proposal, in short, would require a Congressional resolution to be passed that would allow a physician in any state to practice telemedicine while in consultation with a physician licensed in the patient's state. The patient's state retains its ability to regulate the quality of patient care, as well as control over credentialing, monitoring, and disciplining physicians. Once one state has properly licensed a physician, that physician can practice telemedicine in any other state, as long as the physician is in consultation with a physician properly licensed in the patient's state.

Page last updated on October 26, 2000