The Uniform Law Commission (ULC), a group comprised of distinguished lawyers across all states and several US territories, passed a new Act that simplifies and enables states who enact it to regulate and promote the practice of telemedicine across state lines. The law provides that physicians who are appropriately licensed and certified in their home state may apply to any other state that has adopted this Act to practice telemedicine consistent with that state’s current regulations for patients within that foreign state. The Act requires that the out-of-state physician must pay a fee and register in that state, removing most other impediments from the interstate practice of telemedicine.
Perhaps more important to those providers looking to offer specialty second opinions to patients outside of their state, the Act creates protected exemptions from registration for (1) physician to physician consults, (2) for continuing care for a previously established practitioner-patient relationship and (3) for services specific to a specialty assessment, diagnosis or recommendation of treatment. Effectively, this language provides a safe harbor for specialty physicians to consult directly with patients in any state that has adopted this Act.
Since it’s passing by the ULC in mid July 2022, its adoption has yet to be tested at the state level. But the Act does provide the most progressive telehealth framework we’ve seen to date. This was the 131st meeting of the ULC. Over the years since it came into existence, states have adopted over 200 of the ULC’s acts.