The legality of Online Doctor Consultation

December 19, 2020

More doctors are seeing patients online than ever before. It's become commonplace for consultations with doctors and nurse practitioners to take place on virtual applications. But many wonder whether online doctor consultations are legal, and if so, what legal implications should we considered.

Online doctor and nurse practitioner consultations are legal in the United States. This means that doctors can lawfully see patients via an online video call. Doctors can virtually evaluate their patients and manage their medical care for common, non-emergent conditions. 

Certain state-specific rules and conditions need to be followed by the provider. However, this is beyond the scope of this article.  

If you're interested in learning more about the legal concerns surrounding online doctor and provider consultations, then keep on reading! 

Online Doctor Consultations Are Legal

As briefly touched on earlier, it is perfectly legal for doctors, Nurse practitioners, and physician assistants to see their patients online. However, some essential stipulations govern these virtual consultations. The list below will outline some of the most important ones. 

  • The medical provider must be licensed in the patient's state. In most states, for a doctor or nurse practitioner to see a patient, they have to be licensed in the state in which the patient resides. If the correct licensure is not in place, they will not be able to see that patient at all. 
  • Medication cannot be prescribed without a consultation. To discourage causeless medication prescriptions, it is against the law for a doctor to prescribe medication without a valid reason. So, you must see a doctor for a consultation before receiving a prescription. 
  • Some providers are not allowed to see patients under a certain age. It is important to check with any telemedicine practice to find out how old you must be to be seen. While many children under 18 years old can be seen, virtual visits for children under the age of 3 may not be allowed in some cases.
  • Patients' information must be protected. Just because a doctor is seeing a patient remotely does not mean that medical records and other sensitive information can be misused. A quality telemedicine practice will have measures in place to protect their patient's information. HIPPA regulations and compliance still apply, just as in the office.
  • The medical provider or office staff will verify your identity via legal documentation. Most require a copy of your license and medical card.

Verify Regulations for Telemedicine for Your State

It is essential to check your state's government website to determine the specific telemedicine requirements for your state. Then you can decide whether or not you can see a doctor online for your particular condition. 

In Connecticut, for instance, Public Act No. 15-88, enacted in 2015, deemed it lawful for doctors and Advanced Practice Registered Nurses to see patients virtually as long as: 

  • The visit is conducted via real-time two-way communication or store and forward technology.
  • The provider can gather information about the patient's medical history. 
  • The quality of care provided is similar to that of in-person care. 
  • The medical provider's credentials are given to the patient. 

There are many other regulations pertaining to telemedicine law in Connecticut. To read the entire law, visit the CGA website

Regulations regarding telemedicine in Connecticut have evolved over the past year. The COVID-19 pandemic has fueled more widespread adoption of telemedicine. More types of providers can practice telemedicine, phone consultations are allowed, and some licensing requirements have been suspended. 

Note: Legislation continually changes, and telemedicine is advancing quickly, which means that any laws you read about today are subject to change at any time.

When an Online Medical Consultation is Appropriate

Online doctor consultations are not appropriate for all situations, and it's helpful to be aware of these before booking your first virtual consultation. For obvious reasons, it is not lawful for doctors to see a patient that is having alarming, emergency symptoms. They are required to direct that patient to an emergency room. 

Doctors also should not see a patient that is experiencing any symptoms that indicate that they may need to see a healthcare professional in person. 

Telemedicine is good for non-emergent situations like the ones listed below: 

  • Mental issues like depression and anxiety – Doctors are able to request past medical records for patients, talk to them about their present life circumstances, and then prescribe medication that may alleviate their mental health symptoms.
  • Diabetes – Telemedicine offers diabetic patients more frequent opportunities to visit their doctor. During online diabetes visits, doctors can go over blood glucose results with patients and request and review lab tests and images. 
  • Pink eye (conjunctivitis) – This condition can be easily diagnosed remotely by a physician. Once the diagnosis is made, they can prescribe medication to cure the infection. Treating pink eye remotely helps to decrease the chances of the infection spreading to others in physical healthcare facilities. 
  • Nausea and Vomiting- Thorough review of medical records and the symptoms afford doctors the ability to diagnose the patient and recommend treatment tips. Since these symptoms often stem from contagious sicknesses, online consultations help to reduce the spread of illnesses like stomach flu. 
  • Minor trauma, like cuts, scrapes, and burns. Through a physical examination conducted through online video, doctors can give patients direction on how to treat themselves at home. They can also prescribe topical treatments to speed up healing. 

(Source: HealthGrades)

There are many other conditions that can be evaluated by an online doctor. The best way to find out whether your condition can be treated online is to consult the administrative staff at your potential telehealth practice. They should be able to provide you with a list of conditions that their telemedicine physicians are equipped to treat virtually.

Why Online Doctor Consults Are Popular

The use of telemedicine continues to increase as time progress. This is because there are so many benefits to utilizing online consultations. The following list will examine each of these benefits in detail: 

Convenience

It's extremely convenient to be able to see a trained, licensed doctor from the comfort and safety of your own home. If you are having a rough time with an illness but would rather not drive to or visit a physical office, chances are you'd welcome a virtual consultation with your doctor. 

Affordability

A major appeal of online doctor visits is the fact that they are affordable on most budgets. You may be able to see a physician for as little as $20 or less. It's important to know that the price you need to pay for a virtual visit depends on the symptoms you are exhibiting and the kind of doctor you need to see. You could end up paying more than $200 for a mental health consult.

Even in cases where the charge for a visit is high, patients may be able to lower their costs if they use their insurance. More and more health insurance plans cover online doctor consultation visits. They are generally billed in a manner that is similar to in-person visits.

Variety in Accessibility

The telemedicine model allows doctors to treat patients who are experiencing an acute illness, have been suffering from a chronic illness, are dealing with mental issues, and more. And as time goes on, healthcare professionals are finding new applications for online doctor consultations. 

How Does a Virtual Doctor's Visit Work?

Many who are new to virtual visits may wonder how they work. Every telemedicine practice operates a bit differently, but here is some general information about how these virtual visits work: 

  • Go to the telemedicine website and enter your information. On most online doctor websites, you will be asked for identifying information, your location, and your health insurance. 
  • Select your symptoms. You will then be asked to either check off or type in the symptoms that you are feeling and what type of doctor you need to see. Some practices allow you to choose the gender of your doctor. 
  • Schedule your visit. Often you are able to schedule your visit for the same day. Other times, you will need to choose a time later in the day or on another day entirely. 
  • Check in for your appointment. Chances are, there will be an app to download or a link to click to access your appointment at the scheduled time. You'll need to log in and enable your camera and microphone on your device. 
  • See your doctor. Your doctor will go over all of the information that you entered at the time that you scheduled your appointment. They will share with you what they think is going on with you medically. Then, they will prescribe medication for you if necessary. 

Final Thoughts

Now you know that online doctor consultations are indeed legal, though there are some legal considerations to know about. You also know about the merits and limitations of virtual visits. We hope that this article is helpful to you in your pursuit of virtual care. 

https://www.healthgrades.com/right-care/patient-advocate/health-concerns-that-can-be-treated-in-a-telehealth-visit

https://www.bartonassociates.com/blog/how-do-telehealth-laws-and-regulation-vary-by-state

https://www.mayoclinic.org/diseases-conditions/coronavirus/in-depth/questions-about-telemedicine/art-20485831

https://simplevisit.com/rules-for-telemedicine/

https://www.goodrx.com/blog/how-telemedicine-can-make-getting-your-prescription-easier/

https://www.cga.ct.gov/2015/ACT/PA/2015PA-00088-R00SB-00467-PA.htm

https://www.cga.ct.gov/2020/rpt/pdf/2020-R-0138.pdf?t=8/3/2020%209:21:13%20AM

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