Page 50 - 2022 Risk Basics - Radiology

SVMIC Risk Basics: Radiology

Key Challenge #4: Teleradiology

Teleradiology and telehealth are becoming more popular among both

patients and third-party insurance carriers. While teleradiology and
“nighthawk” services have been around for a long time, these were

typically performed by radiologists within the same state as where the
patient was located. With the increased emphasis on telehealth and the

potentially lucrative benefits it offers to participating physicians, many
radiologists are performing teleradiology across state lines (and even

across international borders). This practice raises certain legal issues;
specifically, licensure and jurisdictional issues, along with the question of

which standard of care is to be applied.
23

For most legal purposes, the practice of medicine is held to occur at the

location of the patient. State medical boards are charged with protecting

their citizens from malpractice, fraud, and quackery. Their dilemma
for teleradiology/telehealth is that they have no jurisdiction over the
license or performance of a doctor located in another state (or country).

Discussion has been ongoing for decades about national licensure,

reciprocity/portability agreements, limited telemedicine licenses, and
uniform standards. So far, states have tended to protect their autonomy,
with considerable variation in laws and regulations. However, in 2014

the Federation of State Medical Boards published a Model Policy for the

Appropriate Use of Telemedicine Technologies in the Practice of Medicine
(a copy of this can be found at www.svmic.com and also available at
https://www.fsmb.org/siteassets/advocacy/policies/fsmb_telemedicine_

policy.pdf). Many states have incorporated principles from this model in

their own regulations.

23 During the COVID-19 pandemic, some state and Federal telemedicine requirements were temporarily
suspended by Executive Order and/or Legislative action most of which were scheduled to expire
automatically if not renewed by further Executive Order or legislative action. Check with your legal counsel to
verify which requirements are in effect in your state.

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