Telehealth became significantly more popular during the pandemic as patients sought to safely get the care they needed and providers found ways of working around restrictions. Even years later, telehealth continues to be an excellent option for providers and patients alike, but it can pose some legal issues for the former.
Namely, licensing can be complex if you’re treating patients across state lines. This is because every state has different licensing requirements and laws.
As a California provider, it’s essential to be fully aware of the legalities you need to follow so that your license isn’t penalized. Healthcare license defense lawyers offer insight into what you need to know.
Understanding Why Cross-State Licensing Is Complex
Obtaining a healthcare license, including those that doctors need to practice, occurs at the state level. State medical licensing boards are in charge of setting the requirements that applicants must meet to be able to legally practice in that particular state.
Telehealth providers who only accept clients from the state in which they’re licensed may not have a problem, but this limits the benefits that virtual care offers. That’s why most telehealth providers seek out clients based around the country to be able to help as many people as possible.
However, that means they must be licensed in both the state where they practice and where the patient is located. It places a significant strain on their finances and time. Obtaining a license for each individual state in the nation is practically impossible.
Recently, many states have opted to offer cross-state telehealth licensing, but the requirements for these licenses vary from state to state, too.
If a provider doesn’t carefully check to ensure they meet all of the licensure details of the state in which the patient is located, they can end up needing legal assistance from healthcare license defense lawyers.
To make things even more complicated, licensure requirements are not the same from one healthcare field to another. What someone who practices nursing may need is not the same as what someone who offers virtual behavioral health services has to obtain.
Addressing the Challenges of Telehealth Licensing for Healthcare Providers
If you’re a provider in California searching for options that can make practicing telehealth services a bit easier, consider multi-state licenses. These licenses allow you to work in the states that participate in the compact without needing to obtain individual credentials.
One of these licenses is the Interstate Medical Licensure Compact (IMLC). As many as 40 states participate, so you could work in any of those as long as you have a valid, unrestricted license and meet a few other requirements.
Another option would be to check and see if the state in which you tend to work virtually offers licensing specific to those who do telehealth from out of state. Typically, you would have to demonstrate that you have an unrestricted and valid license, have professional liability insurance, and have not faced disciplinary actions.
Additionally, the state licensing board may require that you don’t practice in person in the state without first obtaining a regular license. If you do, you could face legal problems because you could be seen as practicing without credentials.
There are other options on the horizon, including the Interstate Medical Telemedicine Registration Compact (IMTRC). The difference between this option and the IMLC is that the IMTRC will have a specific registration process for telehealth providers that could make the process easier because you’re not obtaining a full healthcare license.
Navigating Compliance as a Licensed Professional in Telemedicine
Any issues with your licensure could mean facing disciplinary actions, which could put your future at risk. To avoid these issues, you must first identify the various requirements in your state and the challenges your specific field may pose.
If you work in behavioral health services, for example, consent and privacy laws are a particular issue in many states.
It’s also essential to consult with attorneys who have experience with professional licensure problems. A lawyer can help you understand the requirements you need to meet and can assist you in remaining compliant by alerting you to changes in state laws.
Hiring an Experienced California Healthcare License Defense Lawyer
If you are struggling with legal complications that have placed your professional license in peril, hiring an attorney could be the most important step you take to protect your livelihood. At S J Harris Law, our team of healthcare license defense lawyers has decades of experience helping people throughout California. With the right team by your side, you can avoid the worst consequences. Contact our firm to speak with one of our attorneys.
