Telehealth Legal Issues: A Telemedicine Lawyer’s Practical Guide for Industry
A few years ago, telemedicine and telehealth burst on the scene, immediately challenging established legal frameworks built around brick-and-mortar practices.
The novelty forced healthcare practitioners and companies—and the lawyers who represent them—to work through the holes in the law, in an effort to bring new practices and products to market.
Today, there exists legislative and regulatory activity on telemedicine and telehealth in almost every state. Though medicine and various healthcare professions can be practiced online as well as in person is a given, the question remains: what does the law require to start and carry on such a practice in a compliant manner?
In Telehealth Legal Issues: A Guide for Industry, we’ll cover:
• Practice issues—including the legal difference between offering education and information online versus online clinical practice.
• Licensing issues—including who has to be licensed, where, and when to ensure the clinical encounter lawful.
• Legal issues surrounding prescribing online—which often carry more stringent requirements—though some states are liberalizing the rules.
• Standard of care issues—and the position that the same standards of practice apply whether the encounter is physical or virtual.
• Privacy, confidentiality and security—including some key requirements of HIPAA, as well as state law.
• Mobile medical apps—the delivery of healthcare services via mobile devices, which in some cases is subject to FDA medical device regulation.
• Other legal issues—including corporate practice of medicine, fee-splitting, and advertising which often apply to telemedicine ventures.
Contact our telemedicine lawyers with your legal questions about your telehealth venture.