Does the health care provider fall within a licensure exception?
In general, licensure is required in the state where the health care provider is practicing medicine, as well as in the state where the patient is receiving treatment. There are many questions to be answered including, Is the health care provider engaging in the practice of medicine? And is the health care provider providing follow-up care that may be an exception to the state’s licensure requirement? Typical licensure exceptions include, and vary greatly by state, physician to physician consultation, border-state reciprocity, as well as state specific licensure reciprocity. These are intended for rare and extraordinary circumstances, not as a safe harbor for a business model focused on the provision of ongoing services and are not a reliable strategy for an interstate telemedicine offering.
Agenda
Faculty
Nadia de la Houssaye
Jones Walker LLP
- Partner with Jones Walker LLP where she is co-leader of the firm’s healthcare industry team and chairs the firm’s digital health and telemedicine team
- Over 30 years of private practice experience in healthcare law
- Co-founder and former general counsel of one of Louisiana’s first teleradiology networks
- Expertise in structuring national and international telehealth companies, dealing with regulatory landscapes, and strategic growth
- Ranked Band 1 in Healthcare in Chambers USA and recognized for expertise in telemedicine affairs
- Active member of the American Telemedicine Association and various digital health associations, often moderating and speaking at events
- Published numerous articles and presented at conferences on telemedicine and digital health
- Provided strategic counsel on telehealth service lines, including international arrangements, licensure issues, and data security
- Holds a prominent role in legal education and thought leadership in the field of telemedicine and healthcare law
- Can be contacted at 504.582.8636 or [email protected]
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