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

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Conducted on Thursday, December 15, 2022

Recorded event now available

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Course Materials

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.

Description

One of the most significant regulatory challenges of telemedicine is licensure. For example, how does the state classify where a consult or treatment occurs? If the professional is providing a second opinion, does this fall under the same requirements? When is an in-person exam required? What are the exceptions to telemedicine licensure? Both physicians and non-physician practitioners must meet different states' requirements when consulting, diagnosing, or treating patients.

Further, what are the impacts of state scope-of-practice laws? Can mid-levels provide telemedicine services? To what extent must they be supervised by, or collaborate with, physicians? What should one include in the agreements governing such arrangements? Where can mid-levels offer distance care independently?

Counsel for practitioners must understand what each state requires to meet the licensing and scope of practice requirements. Also, counsel must be aware of myriad rules governing fee arrangements, anti-kickback, and self-referral.

Listen as our authoritative panel examines regulatory requirements and challenges for healthcare providers and facilities related to licensing and scope of practice. The panel will offer best practices for overcoming these regulatory hurdles.

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Outline

  1. Licensing requirements and challenges
    1. Physicians
      1. Consults
      2. Diagnosis
      3. Treatment recommendations
      4. Remote prescribing
    2. Licensing exceptions
    3. Non-physician practitioners
  2. Scope of practice
  3. Business issues
    1. Corporate practice of medicine
    2. Fee splitting
    3. AKS and self-referral

Benefits

The panel will review these and other priority issues:

  • What are the regulatory 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 physicians?

Faculty

McMenamin, Joseph
Joseph P. McMenamin
Principal
McMenamin Law Offices

Mr. McMenamin concentrates his practice on advising clients on legal issues pertinent to telemedicine. Although most of...  |  Read More

Avants, Daniel
Daniel Avants
Senior Counsel
Husch Blackwell

For over a decade, Mr. Avants has advised an impressive roster of healthcare provider clients in connection with a...  |  Read More

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