Nathaniel Lacktman Shares Insight on Virtual Second Opinion Programs

Foley & Lardner LLP partner Nathaniel Lacktman highlighted considerations for virtual second-opinion programs (VSOs) in the Physician’s Weekly article, “Navigating Licensure Risks in Virtual Second-Opinion Programs.”

Lacktman, chair of the firm’s national Telemedicine & Digital Health Industry Team, noted that VSOs can carry hidden licensure risks for physicians who assume these consultations are merely “educational.”

“If a physician assumes the former, they might be overlooking, for example, that their VSO report contains a diagnosis and treatment plans,” he continued.

While many states offer licensure exemptions for educational services not tied to a specific patient, Lacktman explained that VSOs – involving personalized recommendations based on an individual’s medical history – clearly fall under the practice of medicine instead.

Lacktman discussed the peer-to-peer consultation exemption as a way for physicians to mitigate unlicensed practice risks. While most states recognize such exemptions, in which an out-of-state physician may consult an in-state treating physician about a patient, the details can vary from state to state.

“It would behoove interested physicians to familiarize themselves with the requirements of any states pertaining to their particular situation,” Lacktman added.

For more information on telemedicine, telehealth, virtual care, remote patient monitoring, digital health, and other health innovations, including the team, publications, and representative experience, visit Foley’s Telemedicine & Digital Health Industry Team.