Telemedicine Licensing Requirements In Other States

With the issuance of CMS waivers for telemedicine services, we have received many questions as to whether state by state telemedicine licensing requirements have been lifted. While LA Governor Edwards has waived many of Louisiana's requirements in his recent proclamation (38 JBE 2020), those waivers are only applicable to care provided in Louisiana.

Mr. Bill Scott of Watson, Blanche, Wilson & Posner provides the following quick overview of surrounding states' changes to their telemedicine licensing requirements.

Under the CMS Coronavirus Waivers and Flexibilities proclamation, the "Practitioner Location" section includes among other things: "State requirements will still apply......must possess a valid license to practice in the State which relates to his or her Medicare enrollment.....This waiver does not have the effect of waiving State or local licensure requirements specified by the State or a local government as a condition for waiving its licensure requirements."

Texas has an "Emergency Visiting Practitioner Permit" application, which requires a sponsoring physician, disclosure of the telemedicine employer, and the sponsoring MD must sign off in support-and will be considered the supervising MD. There are other particulars. See Texas Administrative Code 22(9) Chapter 172 (D)Rule 172.20.

Arkansas does not have a reciprocity agreement nor any current legislation or proclamation by the State of Arkansas re: COVID-19 licensure with the exception of an Emergency Temporary License for "Arkansas medical residents". Arkansas' ordinary application process does contemplate the possibility of receiving a "Temporary Permit" at the time an application for a permanent license is submitted.

Mississippi does have a form by which a Physician may attest that they are licensed in another state; has patients in Mississippi; those patients would be at increased risk of contraction and/or transmission of coronavirus if required to travel for follow-up visits, and thereby request telemedicine privileges for the Physician's "established" patients without having to obtain a Mississippi license. A copy of the Proclamation by the Executive Director of the Mississippi State Board of Medical Licensure can be found here and the Attestation form can be found here.

As the crisis continues, requirements are changing on a continual basis. This information is current as of April 1, 2020. A quick reference for various state telemedicine licensing requirements can be found here.

Finally, please know that during the COVID-19 Emergency Declaration, we will provide coverage up to the limits on your certificate of coverage for services provided to your existing patients who reside or who are temporarily located outside the state as long as the practitioner is appropriately licensed. It is important to note that the LA Medical Malpractice Act does not apply to claims filed outside the state of Louisiana.