Telemedicine Requirements for Licensing and Scope of Practice
Overcoming Multistate Regulatory Hurdles for Healthcare Providers and Facilities
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel for healthcare facilities and practitioners on the requirements and exceptions for telemedicine licensing and scope of practice. The panel will offer best practices for overcoming licensing challenges and explain how providers can comply with the law and get paid.
Outline
- Licensure
- Exceptions
- Compacts
- Practitioner-Patient Relationship Establishment
- Standard of Care
- Modality
- Synchronous Audio-Video
- Synchronous Audio
- Asynchronous/Store and Forward
- Carveouts (GLP-1s, abortion drugs, ED medication, hormone replacement therapy, etc.)
- Consent
- Identity Verification
- Follow-up Care
- Prescribing
- Non-Controlled Substances
- Controlled Substances
- Federal
- State
- Non-Physician Practitioners: Collaboration and Supervision
Benefits
The panel will review these and other priority issues:
- What are the challenges in meeting licensing requirements in multiple states?
- Other than traditional, formal licensure, what alternative paths permit a provider to become authorized to offer services within the patient's state?
- How can providers comply with scope of practice law, and how should mid-levels structure their agreements with collaborating or supervising physicians?
Faculty
Joseph P. McMenamin
Partner
Christian & Barton
Dr. McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital... | Read More
Dr. McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital health law and distance care. In this capacity he advises telehealth providers on licensure, the provider-patient relationship, corporate practice issues, scope of practice, online prescribing, credentialing and privileging, privacy, risk management, and reimbursement issues as they pertain to telemedicine. He also advises clients respecting the application of artificial intelligence to health care and research, and general health law and business matters. Dr. McMenamin is general counsel for the Virginia Telehealth Network, and a member of the Center for Telemedicine and eHealth Law (CTeL) Legal Resource Team. He frequently presents on virtual care and other cutting-edge health topics before both attorney and provider association conferences.
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Jeremy D. Sherer
Partner
Orrick, Herrington & Sutcliffe
Widely recognized as a digital health thought leader, Mr. Sherer counsels health care providers and suppliers –... | Read More
Widely recognized as a digital health thought leader, Mr. Sherer counsels health care providers and suppliers – including hospital systems, national telehealth platforms, investors and digital health startups – on issues involving regulatory compliance, transactions and innovative business arrangements. He advises clients on the full range of regulatory health care issues facing digital health stakeholders. His telehealth experience includes advising on compliance with state licensure requirements for physicians and non-physician practitioners, corporate practice of medicine issues, remote prescribing (including controlled substances), patient consent and Medicare, Medicaid and commercial reimbursement. Mr. Sher advises clients on compliance with laws against fraud and abuse, including federal and state anti-kickback and self-referral laws, as well as privacy issues arising under HIPAA and its state-level counterparts. He has substantial experience pertaining to structuring, operationalizing and scaling “PC-MSO” arrangements across all 50 states. Mr. Sherer also advises venture capital and private equity firms conducting regulatory diligence associated with investments in digital health and health care technology ventures, from seed stage funding to nine-figure raises.
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