Telemedicine and E-Health

Telemedicine, online medicine, or e-health is the wave of the future. We help our clients with:

• National or state-by-state surveys of applicable telemedicine laws
• Regulatory analysis and compliance advice for:
  • Mobile apps dealing with health and wellness
  • Telemedicine
  • Tele-psychology
  • Tele-psychiatry
• Related FDA and FTC issues for mobile apps and online health programs
• State licensing requirements for clinicians involved in tele-health
• Transactional issues, including contracts with telemedicine providers
• Website or Mobile App review including Terms of Use and Privacy Policy

State Laws Governing Telemedicine

Our lawyers advise telemedicine and telehealth clients about legal rules applicable to their enterprises. Because telemedicine occurs nationally, this requires sensitivity to the nuances of laws in different states. Some states allow special telemedicine licenses while others simply prohibit telemedicine by requiring that physicians be licensed in-state to diagnosis or treat any patient in-state.

In California, telemedicine is seen as a tool in medical practice, not a separate form of medicine. There are no legal prohibitions to using technology in the practice of medicine, as long as the practice is done by a California licensed physician. Under the definitions in California, telemedicine is not a telephone conversation, e-mail/instant messaging conversation, or fax; it typically involves the application of videoconferencing or store and forward technology to provide or support health care delivery. In California, the standard of care is the same whether the patient is seen in-person, through telemedicine or other methods of electronically enabled health care. Physicians need not reside in California, as long as they have a valid, current California license.

Standard of care issues figure prominently in telemedicine and we advise our clients on how to navigate these legal concerns. We also advise on scope of practice for various health care providers and how applicable legal rules can shape a proposed telemedicine project. We will draft contracts and guidelines for practice for the various players in a telemedicine project and advise our clients on all the relevant law.