During the COVID-19 pandemic, telemedicine has been a substantial tool in promoting resilience in the health care system. Beyond the pandemic, telemedicine has potential to expand access to care and save costs for patients and systems. 1,2 However, many of the pandemic-inspired changes to licensing regulations are set to expire when the public health emergency ends. Physicians who are seeking a national or multistate telemedicine practice may again face a problematic patchwork of state regulations, licensure applications, and onerous fees. The US federal government should take advantage of pandemic-inspired momentum to promote telehealth via regulatory leadership.
State-Based Medical Licensure: Problematic PatchworkHistorically, each state has been responsible for licensing the practice of medicine and may require special purpose licenses, telemedicine licenses, telemedicine certificates, or full licenses to practice telemedicine within its jurisdiction. The Interstate Medical Licensure Compact (IMLC) emerged to facilitate the process of obtaining medical licensure in multiple states while ensuring that states remain responsible for professional licensure.Once physicians are licensed by a state board, they must generally adhere to the laws of the state where the patient is located. States differ in their legal definition of the patient-clinician relationship, informed consent through telemedicine, and the prescribing powers of telemedicine physicians. 3 For example, the Table compares 2 states on key points associated with the delivery of telehealth care.Physicians who fail to adhere to state laws where a patient is located may face malpractice suits in the patient's state. For example, in Indiana, out-of-state physicians are subject to the jurisdiction of Indiana's courts and its substantive and procedural laws regarding medical claims. Forcing disciplinary action to follow the patient can discourage telemedicine because physicians will be reluctant to face liability in unfamiliar forums.Author affiliations and article information are listed at the end of this article.