While some legal risk is inherent in all medical practice, proper planning and counseling can minimize exposure. A sampling of the most pressing legal concerns in telemedicine today is reviewed here. Future articles will examine these topics in greater detail. Almost every interstate telemedicine practitioner is concerned about licensure issues. The answer to this question varies from state to state, presenting problems for multi-state providers.
States have primary responsibility for regulating the health and safety of their citizens.
Most states have statutes and regulations governing licensure to practice medicine. These statutes are often antiquated and difficult to apply in an era when patients and providers can be virtually transported from one state to another. While a few states have addressed the interstate practice of telemedicine, these efforts have often created rather than eliminated barriers. It will likely be very difficult to get all 50 states to adopt this without considerable modification. Many providers believe that federal standards may be the most desirable solution to licensure concerns.