Telemedicine physician checklist
For physicians interested in using telemedicine in the medical practice settingPlease answer the following questions before beginning your telemedicine practice. Consult qualified legal counsel for additional information and assistance.
Licensure
Do you have a license to provide services in the state where the patient is located? Yes No
If you are not licensed in the state where the patient is located, are there exemptions recognized by that state’s medical board? Yes No
Comment:Review the Interstate Compact for Medical Licensure put forth by the Federation of State Medical Boards or the AMA’s issue brief for information regarding licensure in multiple states.
State medical practice laws
Are there specific state medical practice policies and requirements applicable to telemedicine in the state where the patient is located,for examplethose related to physical exams, prescribing and consent? Yes No
If yes, please explain below.
Comment: Forty-two states require a physical examination or a pre-existing physician-patient relationship before medication can be prescribed for a patient. Nineteen states allow for an examination to occur electronically without consensus on what constitutes an acceptable electronic exam. The AMA has policy related to this issue and state model bills. The Federation of State Medical Boards has issued model guidance on this topic as well.
Medical liability
Does yourmedical liability policy cover telemedicine? Yes No
If yes, in what states and under what circumstances? Please explain below.
Comment: Clarification should be sought when practicing in multiple states and where a prior physician-patient relationship has not previously been established.
Security and privacy
Are the telemedicine technologies you will be using compliant with the HIPAA Security Rule? Yes No
Are the telemedicine technologies you will be usingfor delivering medical care compliant with the HIPAA Privacy Rule? Yes No
Have you checked to see if there are state-specific privacy and security telemedicine requirements?
Yes No
Comment:Check privacy laws in the state(s) in which you will be practicing telemedicine. Some states, such asCalifornia, Florida and New York,have more stringent privacy laws regarding telemedicine.
Transparency and choice
Do you havepolicies and mechanisms that support transparency concerning providers and patient choice of provider before health care services are provided? Please explain below.
Do relevant exceptions for your specialty exist, such as physician-to-physician consults? Yes No
Source: AMA. Practice transformation series: adopting telemedicine in practice. 2015.
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