Telemedicine providers, which uses telecommunication to provide health care over distances, have made great strides in improving access to care for rural communities. Telemedicine allows quick access to specialists, as with stroke victims where time is of the essence. Video interactions are expected to replace a sizable chunk of face‐to‐face office visits.
But the current system of state licensing stands in the way of interstate practice. Physicians must maintain licenses in each state in which they treat patients. Congressional action to define the location of telemedicine services as the location of the physician would allow physicians to practice with a single license in multiple states. It would allow telemedicine to achieve its full potential.
Under the current system, physicians with multiple licenses are challenged to adhere to state‐specific medical practice regulations, as inconsequential to patient safety as they may be. Legal scholars make the case that Congressional action to reduce barriers to interstate telemedicine would find support in the U.S. Constitutions’ Commerce Clause.
The American Medical Association and the Federation of State Medical Boards argue that allowing a physician licensed in one state to offer remote care in others would strain state board resources, putting the public at risk. The irony is that, for decades, state medical boards have been criticized by consumer groups and others for putting the public at risk.
It is not state boards, but actions by private actors that protect consumers. Physician oversight and the resulting consumer protection are the product of actions by entities liable for physician malpractice, including hospitals, provider groups, health‐insurance companies setting up physician panels or networks, and medical malpractice insurers. These entities credential and evaluate physicians regularly, not just as they enter the profession or when a complaint is filed.