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The following paper is intended for informational purposes only and should not be construed as legal advice. The information provided in this paper is not a substitute for professional legal advice and should not be relied upon as such. Readers should always consult with a licensed attorney or qualified legal professional for advice on specific legal issues. The author of this paper and any entities associated with the author are not responsible for any actions or decisions taken by readers based on the information provided in this paper.

In the United States, it is well established that individual states and territories, rather than the federal government, regulate the practice of medicine within their borders. That means that unless there is an exception, a provider must be licensed in the state in which the patient is located in order to deliver a medical diagnosis or to prescribe treatment to a patient in a specific jurisdiction. The licensure process is burdensome and expensive, effectively impeding all but the most determined physician from seeking this legal authority to practice beyond his or her state’s borders.

Now that the dust is settling as we get accustomed to our post-pandemic world, those in the telemedicine world and organizations thinking about providing remote second opinions are still seeking clarity on what remote programs are possible. Has anything changed? Or, are we back to where we started before the pandemic?

Pediatric health care workers are fearing the tripledemic. The RSV surge alone is overwhelming pediatric hospitals, according to the Advisory Board.^[1] While today COVID seems to mostly be a retrospective, it still is a real threat. And the flu season is just beginning. Does that mean we are returning to pandemic-like conditions this winter?

Anisette has been diagnosed as having early-onset Parkinson’s Disease.  She knows this is a difficult condition to diagnose correctly and that its repercussions will change her life. While she holds her physician who gave her the diagnosis in high regard, she recalls that one of her friends had an acquaintance that had been misdiagnosed and wants to be sure. Like most people, Anisette immediately goes online to try to understand her options, searching not only for information, but clarity and understanding. For Anisette, it’s imperative to ensure that she has taken every practical step in her own healthcare journey.

Over the last decade, the opportunities for patients seeking online information for a medical condition have greatly changed. Almost 3/4 will do their initial investigation online. Many seek out top specialists and programs in their particular field, but inevitably, experts are not always located nearby. Digital solutions can open access to patients who live anywhere with wifi.