The Health Law Resource

Draft Model Act to Regulate the Practice of Telemedicine Across State Lines

A Few Brief Comments

This is the text of a memorandum and draft model licensure act proposed by the Federation of State Medical Boards ("FSMB") in August, 1995 and adopted by the FSMB Board in October, 1995.

It is unknown if any states have adopted this model act, however, several states have either adopted or proposed requirements similar to those contained in the FSMB's draft model act. For more information on other state legislation, go to the Arent Fox Telemedicine Page.

MEMORANDUM

DATE: August 21, 1995

TO: National Medical Organizations

FROM: James R. Winn, MD Executive Vice-President

cc: Ad Hoc Committee on Telemedicine

RE: Call for Comments Concerning Draft of Model Act to Regulate the Practice of Telemedicine Across State Lines _________________________________________________________________

The Federations's Ad Hoc Committee on Telemedicine, chaired by Leroy B. Buckler, MD met in Las Colinas, Texas on June 26, 1995. During this meeting, a model legislative act which would regulate the practice of both telemedicine and medicine by other means across state boundaries was drafted. The Federation's Board of Directors reviewed this document at its July, 1995 meeting and approved the elements of the act as appropriately addressing the regulation of telemedicine practice by state medical boards.

At this time, the committee would like selected national medical organizations to review the draft of the model legislative act and provide their comments. Organizations interested in providing input should forward their comments to the attention of James R. Winn, MD, Executive Vice President, FSMB, 400 Fuller Wiser Road, Suite 300, Euless, Texas 76039-3855 by September 15, 1995.

The Ad Hoc Committee on Telemedicine meets again on September 23, 1995 at the Federation's national offices in Euless, Texas. All comments received will be reviewed by the committee. Your input will allow this committee to benefit from the valuable experience and expertise of your organization. Information you provide will assist the committee in accomplishing its mission of service to the Federation's member boards and the medical profession.

Should you require further information regarding this report, please contact Dana Fuqua, Legislative and Legal Administrative Associate, at 817-868-4000. Thank you for your interest and the committee looks forward to receiving your comments.

AN ACT TO REGULATE THE PRACTICE OF TELEMEDICINE OR MEDICINE BY OTHER MEANS ACROSS STATE LINES

LEGISLATIVE FINDINGS AND PURPOSE The legislature hereby finds and declares that, due to technological advances and changing practice patterns, the practice of medicine is occurring with increasing frequency across state lines, and that certain technological advances in the practice of medicine are in the public interest. The legislature further finds and declares that the practice of medicine is a privilege, and that the limited licensure of practitioners outside the State engaging in such medical practice within this State and the ability to discipline such practitioners is both necessary and desirable for the protection of the citizens of this State, and for the public interest, health, welfare and safety.

DEFINITION

"The practice of medicine across state lines" means a physician located outside the State rendering a written or otherwise documented medical opinion concerning diagnosis or treatment of a patient within the State or for the purpose of such physician rendering treatment to a patient within this State, as a result of transmission of individual patient data, by electronic or other means, from within the State to a location outside the State to such physician or his or her agent.

LICENSE REQUIREMENT

Where an individual patient is within the State and a physician not otherwise licensed to practice medicine in this State who is outside the State renders a written or otherwise documented medical opinion concerning diagnosis or treatment of such patient or renders treatment to such patient, the practice of medicine across State lines is deemed to occur within this State. No person shall engage in the practice of medicine across State lines in this State, shall hold himself or herself out as qualified to do the same, or use any title, word or abbreviation to indicate to or induce others to believe that he or she is licensed to practice medicine across State lines in this State unless he or she is actually so licensed in accordance with the provisions of this article.

The provisions of this section do not apply to any physician who engages in the practice of medicine across State lines in an emergency, as defined by the Board, or to any physician who does not engage in the practice of medicine across State lines on a regular or consistent basis (to be defined by the Board).

ISSUANCE OF LICENSE

The Board shall issue a limited license to practice medicine across State lines upon application for the same from a person holding a full and unrestricted license to practice medicine in any and all States of the United States or its territories in which such individual is licensed. He or she shall submit an application to the Board on a form provided by the Board and shall remit to the Board a reasonable fee for such limited license, the amount of the fee to be set by the Board. A license to practice medicine across State lines limits the licensee solely to the practice of medicine across State lines in this State. A limited license to practice medicine across State lines in this State is valid for a term of _____ years (to be set by the Board to conform with renewal requirements for full and unrestricted licenses) and is renewable upon receipt of a reasonable fee, as set by the Board, and submission of a renewal application on forms provided by the Board.

EFFECT OF LICENSE

The issuance by the Board of a limited license to practice medicine across State lines subjects the licensee to the jurisdiction of the Board in all matters set forth in the Medical Practice Act and implementing rules and regulations, including all matters related to discipline. In addition, licensee agrees by acceptance of limited license to produce patient medical records and/or materials as requested by the Board and/or to appear before the Board or any of its committees within (to be set by the Board) days following receipt of a written notice issued by the Board. Such notice will be issued by the Board pursuant to any complaint or report filed or any complaint initiated by the Board or any of its committees when records and/or materials are deemed relevant to said complaint or report.

Failure of the licensee to appear and/or to produce records or material as requested may result in the automatic suspension or revocation of the licensee's limited license to practice medicine across State lines in this State as determined by the Board in its discretion. Notwithstanding any provision of State law to the contrary, such automatic suspension or revocation of the licensee's limited license may be effected without any hearing, and such an action taken by the Board shall be deemed a disciplinary action, for purpose of action by any other state.

PATIENT CONFIDENTIALITY

Any licensee licensed under the provision of this act shall comply with all patient confidentiality requirements of this State, regardless of the State where the medical records of any patient within this State are maintained.

SANCTIONS

Any person who violates the provisions of this Act is subject to criminal prosecution for the unlicensed practice of medicine, and/or to injunctive or other action authorized in this State to prohibit continued practice without a license.
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