Does the health care provider fall within a licensure exception?
In general, licensure is required in the state where the health care provider is practicing medicine, as well as in the state where the patient is receiving treatment. There are many questions to be answered including, Is the health care provider engaging in the practice of medicine? And is the health care provider providing follow-up care that may be an exception to the state’s licensure requirement? Typical licensure exceptions include, and vary greatly by state, physician to physician consultation, border-state reciprocity, as well as state specific licensure reciprocity. These are intended for rare and extraordinary circumstances, not as a safe harbor for a business model focused on the provision of ongoing services and are not a reliable strategy for an interstate telemedicine offering.
Nadia de la Houssaye
Jones Walker LLP
- Partner with Jones Walker LLP where she serves as chair of the firm's telemedicine section
- More than 20 years’ experience in implementing telemedicine systems while carefully addressing and advising clients on critical legal, operational, and technical issues
- Co-founded one of the first teleradiology companies in the state of Louisiana in 1997, and served as the company's general counsel until 2004, when the company merged with NightHawk Radiology Services, the largest teleradiology company in the United States at the time
- Although her practice covers all areas of health care law, her passion and focus involves the integration of interstate telehealth/telemedicine platforms, especially in rural areas with physician shortages and the need for remote monitoring of chronic medical conditions
- Represented hospitals, health systems, providers and start-ups in the integration of telemedicine platforms
- Her practice emphasizes strategic counseling and creative business modeling to incorporate “best practices,” especially with respect to multistate licensure and scope of practice issues
- Can be contacted at 337-593-7600 or [email protected]
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