Wireless medical technologies are witnessing explosive technological growths with coming up of devices that measure and control body functions using arrays of physiological. In the modern era, smartphone applications are being used as medical devices to give medical prescriptions and diagnosis.
Without proper authorization from spectrum and medical device regulators, a medical device can’t be lawfully marketed in the U.S. Telemedicine attorneys help their individuals or institutions who wish to lawfully market their application gain authorization, in addition, also assist their clients to responding to agency investigations and other law enforcing actions. A telehealth attorney is also able to assist in civil litigation and lawsuits from shareholders in federal district courts.
This article tries to address many of the legal and regulatory issues affecting telehealth. However, it doesn’t intend to be a comprehensive analysis of the legal issues. It is also fit to state that the resolutions of some of these legal issues have unfortunately not kept pace with the growth in the telehealth field.
Licensure authorities are the ones tasked with the responsibility to define who is legally accepted to practice their profession and in what capacity.
What is the scope of practice?
Scope of practice outlines what a telehealthspecialist should do and places limits to what they can lawfully do.
What are the exceptions to State licensure requirements?
Some of the exemptions include the following:
- Educational purposes and residential training
- When dealing with the U.S Military
- Medical emergencies or natural catastrophes
- Border States and Public health services
Is there a national standard in regards to Licensure?
Despite the States’ supreme authority to license healthcare providers, the National government has the power to establish national standards to be followed in certain aspects of the health sector.
What are the alternative models to reduce the Telehealth licensure bureaucracy?
There are many models that show one state recognizing the license of another state but the most prominent models include:
- Licensure by mutual recognition: This is a system where the authorities enter into an agreement voluntarily to legally accept the license of a medical practitioner from another state. This licensure process is composed of 3 components: a home state, a host state and a set of standards for licensure.
- Reciprocity: Where by the authorities of each state negotiate and enter into agreement to recognize licenses issued by the other state without any further review on the individuals’ credentials.
- Special purpose licenses: These licenses allow health professionals to have an option of having a limited license for the delivery of a certain health service under a particular circumstance. Approximately 10 states have adopted some elements of this license type in telemedicine practice.
A telehealth attorney play an important role in allowing telehealthpractioners get licensed and allowed to perform their duties remotely from their work stations providing quality standards of healthcare. This specialist lawyer helps their clients in submitting the request before the authorizing body.