Ferrante and Goodman Comment on Calls for Greater Post-COVID-19 Medical License Portability
15 September 2020
JAMA
Senior Counsels T.J. Ferrante and Rachel Goodman were quoted in a JAMA article, “Telehealth Success Spurs a Call for Greater Post-COVID-19 License Portability,” about how the growing use of telehealth services during the coronavirus pandemic has precipitated calls for changes in state medical licensing requirements to make it easier for physicians to treat patients across state lines via telemedicine.
The Federation of State Medical Boards (FSMB) claims its member state boards have demonstrated extraordinary flexibility by temporarily waiving or modifying medical licensure requirements to meet the needs of the nation. But the modifications also created a confusing patchwork of rules, Goodman said.
“Some states’ waivers are limited to telehealth, others to treating only COVID-related illnesses, and some require in-person care only,” she said. “The waivers also have different ways of sunsetting. Will governors or states take action so that temporary licenses don’t simply turn off one day, but rather have a transition period so continuity of care isn’t interrupted? I don’t think the states have thought this out yet.”
One proposal calls for beefing up the Interstate Medical Licensure Compact, which created a streamlined process for physicians to get licensed in any of its 31 participating member jurisdictions. But Ferrante, a member of the firm’s Telemedicine & Digital Health Industry Team, said the compact “functions more like a clearinghouse instead of extending true license reciprocity” across states. “The compact doesn’t have a lot of teeth to it,” he said.
And building greater reciprocity into the compact wouldn’t be easy, Ferrante added. “Each state in the compact would have to pass legislation to allow reciprocity to physicians in other compact states,” he said.
People
Related News
08 November 2024
In the News
Federico Goudie on Brazil as Key Market – 'It just happens that Miami is a smart place to be'
Foley & Lardner LLP partner Federico Goudie shared insight on the growing importance of Brazil to the U.S. legal market in Daily Business Review, identifying Miami as a key place to be for firms working with Brazilian clients and Latin American clients more broadly.
08 November 2024
In the News
Louis Lehot Assesses 2024 Election Result, Prospect of Tech Deal Resurgence
Foley & Lardner LLP partner Louis Lehot appeared across legal and business press to discuss the likelihood of a resurgence across capital markets, venture capital, and tech M&A following the results of the 2024 U.S. presidential election.
07 November 2024
In the News
James McKee on Amendment 3's Failed Passage – 'Florida still has a significant market'
Foley & Lardner LLP partner James McKee's assessment of the future of the cannabis industry in Florida following the failed passage of Amendment 3, a constitutional amendment that would have legalized recreational use of marijuana for adults, appeared across media outlets, including CBS News Miami, NBC 6 South Florida, NPR/WUSF, Orlando Sentinel, South Florida Sun Sentinel, and WMNF 88.5 FM.