Introduction: Unpacking a Landmark Lawsuit

In a recent legal development emanating from New Jersey, two physicians have embarked on a groundbreaking legal battle against the state and its medical board. Driven by constitutional claims, the lawsuit challenges telehealth regulations mandating out-of-state practitioners to hold a license to attend to patients within New Jersey. As the legal landscape surrounding telemedicine continues to evolve, this case brings to light significant questions regarding constitutional rights, interstate commerce, and patient access to specialized healthcare.

The Plaintiffs' Argument: Constitutional Infringement

The lawsuit, titled Shannon McDonald MD et. al. vs. Otto Sabando, is spearheaded by two physicians and two patients. At its core, the plaintiffs contest New Jersey's licensure restrictions on telehealth, asserting that these laws violate fundamental constitutional principles. They argue that such regulations impede upon their First Amendment...

If someone offered you a business plan for $20,000 that could make you $100,000 in the future, but it’s illegal, would you take it?

That’s exactly the situation I came across recently in a webinar, and, believe it or not, many people chose to do it.  This continues to be shocking to me because, in my opinion, illegal actions are never worth the risk. You could lose your business, your license, and even your freedom -- aside from the fact that choosing to break the law is highly immoral and completely unethical.

The truth is that you can be successful without breaking the law. We've done it. Lots of my clients have done it, and so can you. 

Why Risk Everything?

Since I attended the aforementioned webinar, I've been sitting on this one for a while because I didn't want to react emotionally, but I think now’s the time for me to address this. In essence, this person and others (who I will not name) are saying that it was...

Many education and business training programs purport to teach doctors and other health care professionals that they can expand their practice by practicing telemedicine across state lines, or even in other areas of the world, under the guise of calling yourself a “consultant” or “health coach” and by signing a fancy consultant agreement.

Planning to order tests, diagnose illnesses, treat ailments, and prescribe medication (whether taking insurance or not, or getting paid or not), without a license, is a clear violation of the law. License and medical boards, as well as prosecutors, see through this deception and will prosecute you to the fullest extent of the law whether you harm someone or not. If you are participating in medical practices that a doctor is licensed to do, then you need a license to practice medicine. It’s simply not a good idea for you to call yourself a health consultant and practice medicine across state lines at the same time.

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Today, I want to help you decide how you're going to expand your practice or reevaluate how your practice is currently set up so that you can avoid committing crimes and going to jail. That may sound intense and scary, and while I do not mean to scare you, I do want you to know what your risks are. When you are sitting down to conduct your risk analysis, are you covering all your bases? Or, are you leaving areas open to potential illegalities?

You may have set up your practice based upon how others have done it, or you may have just done what you wanted in terms of setting up and expanding your practice. You have to be careful here. You need to know what the actual limitations and rules are so that you can work within them and even work within those areas that are not catching up to speed. When it comes to telemedicine specifically, the industry is far outpacing the regulators. In other words, they haven't made laws to catch up with the advancement of technology and the...