Doctors who practice telemedicine in Massachusetts should be licensed by the state, especially if they're diagnosing patients without doing so in person, a lawyer for the Massachusetts Medical Society said.
"When you're talking about diagnosis, that's a really critical area," Bill Ryder, the group's legislative and regulatory counsel, told the state Division of Insurance yesterday. "Anybody who does that should have a full license in Massachusetts."
A law the state Legislature passed last year defines telemedicine as the use of interactive audio, video or other electronic media — except telephone, fax or email — for the purpose of diagnosis, consultation or treatment.
Lawmakers left it to the Division of Insurance and the Board of Registration in Medicine to submit a report with recommendations for legislation to permit the use of out-of-state physicians for telemedicine. But before the agencies do that, they want to gather feedback from the medical community, insurers and other stakeholders.
"We realize we're at the starting point," Kevin Beagan, deputy commissioner of the division's Health Care Access Bureau, said at yesterday's "listening session" in Boston.
Ryder noted that the board lacks jurisdiction over anyone without a Massachusetts license. So requiring doctors who practice telemedicine here to have one would preserve the board's ability to act in cases involving complaints of misconduct or error, he said.
"Say you have a real physician, but they're not licensed in Massachusetts. They might not respond to a summons, and they might not have malpractice insurance, so the patient's kind of on their own," Ryder said. "Would that physician be governed by law in Massachusetts or their own state? That's up in the air."
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