Telemedicine 2020: Legal Myths and Misinformation

There continues to be a LOT of misinformation spreading around the internet during this pandemic.

It’s important to know the facts about telemedicine before moving forward — and also to remember that things are moving fast:

You’ll want to stay up-to-date with the latest information and new changes as they’re announced by state law makers.

First, I want to dispel a few of the myths circulating.

Myth #1:

The President waived ALL telemedicine regulations.

False.

He lifted some ‘narrow regulations’ surrounding Medicare and other programs at the federal level.

As has come into clearer focus in the media this week, the President doesn’t have the power to tell states what to do within their own borders, when it comes to the domestic welfare of their own citizens.

This means… that you still need to comply with the licensure laws for cross-state telemedicine.

You’re not yet able to practice ‘wherever you want’ right now.

Many states HAVE lifted some telemedicine requirements, but what that looks like is different in every state.

For example:

Texas has relaxed its in-person establishment-of-care visit, but it HASN’T relaxed its requirement that you hold some form of Texas license to practice telemedicine in Texas.

It's difficult to keep up with all of the rapidly-changing rules

In my Telemedicine Course I walk you through how to register to practice in the states that allow it without getting a full license. I even show you how to get licensed in many more states, from one single platform (this process means you’ll only have to fill in paperwork ONCE, even if you’e applying for licenses in multiple states).

Myth #2
I can just position myself as a ‘health coach’ to avoid legal problems

This comes up a lot in my work, and I totally understand why it’s tempting for providers as a ‘workaround’.

Unfortunately, you can run into a lot of problems down the road if you do this.

One of the big issues with this is that even if you try this, you are likely practicing medicine in a foreign state without a license.

Remember, it isn't what you call it, but what you are actually doing that the medical boards are going to look at. Most providers that try this are putting themselves at risk for criminal liability, which can mean fines, jail time or both.

At the end of the day, billing yourself as a ‘health coach’ will be more headache than it’s worth -- and you can avoid the problem altogether by focusing on what you CAN do, rather than trying to do what you can't.

Myth #3
You can’t establish care with a new patient virtually.

You CAN, but it depends on the state, and the requirements are different in the states that do allow it.

It’s true that the rules are being changed at a rapid pace. This was true 3 months ago and it's all moving at ludicrous speed now.

Because this situation is changing rapidly, I’m constantly updating the Telemedicine Course to provide you with the latest information, as it’s made available to me (this means you can relax and do your work, and you’ll receive emails from me as the updates roll in).

Myth #4
There’ll be no enforcement of telehealth laws, because things are too chaotic right now

The truth is, no one knows… yet.

Things are moving very quickly, and the enforcement could possibly be relaxed…

...but if not, you’d be risking your most important asset: your license.

If I were advising my wife (and I am) I'd make sure she's equipped with the right licenses for the right states AND she has the right consent forms so she can practice with peace of mind and security, instead of uncertainty and anxiety.

In times like these, it’s tempting to jump in and operate outside the normal legal guidelines -- but the consequences of being wrong are much worse than the minimal cost of protecting yourself.

To make sure you are protected, I have two options for you, that can help you get you ‘telemedicine-ready’ as fast as possible:

1. Check out my Telemedicine Course, where you’ll receive templates for legal documents, consent forms, weekly office hours and in-person sessions with myself (hosted on Zoom)

This option is best for people who already have their legal ducks in a row, and just need Telemedicine documents, consent and training. You won’t find this kind of value in any attorney’s office.

1. Sign up to the Functional Lawyer Membership where you’ll receive the telemedicine course AND you’ll get 7 other high-density modules that give you everything you need to create a thriving practice in the coming new economy.

This gives you access to legal document templates, education and training specifically for Functional Medicine providers.

This is perfect for you if you’re planning on launching an online course, expanding your practice model to include memberships, want to prevent any HIPAA compliance issues (and much, much more)

And you’re in good hands.

I’ve personally consulted with over two thousand functional providers about their unique business challenges…

...and my wife and I own a functional medicine practice together.

I hope you’ll join me.

P.S. Whether you get the Telemedicine Course OR the complete Functional Lawyer Membership, remember that you’re going to get direct access to me personally via office hours and one-on-one calls.

This kind of personalized attention doesn’t exist anywhere else on the internet, and now is the time to get prepared for the coming wave of telemedicine patients.