Page 5 - Telemedicine - Essentials of Virtual Care Delivery Part Two

SVMIC Telemedicine: Essentials of Virtual Care Delivery

PART TWO

A Closer Look at Law and Regulation

It is important to understand the thinking behind the regulatory

and liability frameworks that surround telemedicine. This makes
compliance more than merely obedience; it becomes a matter

of good practice.

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 telemedicine is that

they have no jurisdiction over the license or performance of a
doctor located in another state. 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 Vantage.svmic.com). Many states have

incorporated principles from this model in their own regulations.
Typical provisions include:

• Definition of telemedicine

• How a physician-patient relationship is established

• Licensure requirements

• Documentation requirements

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