Physician Mobility Laws

Physician Mobility Laws

Arizona - A full license is required for any physician providing services via technology, but no license is required for a single or infrequent consultation from an out-of-state physician who is authorized to practice medicine in that jurisdiction with an Arizona-llicensed physician regarding a specific patient or patients.

Colorado – Colorado requires a full license for physicians to practice by means of telemedicine, with exceptions. Two of these exceptions deal with pathology cases, but the most notable exception to the requirement that a physician be licensed to practice in Colorado via telemedicine is the physician-to-physician consultation. This exception allows a patient consultation between a practicing physician licensed in Colorado and a practicing physician licensed in another state. Colorado also has an "occasional practice" provision that allows any physician licensed in good standing in another state to provide occasional medical services in Colorado without being licensed there. No registration is required with the Colorado Board to do so.

New Mexico – New Mexico’s rules define a telemedicine license as a limited medical license that allows a physician located outside New Mexico to practice medicine on patients located in New Mexico. An exception exists for a physician who acts as a consultant to a New Mexico licensed physician on an irregular or infrequent basis not to exceed 10 patients per year. New Mexico’s Medical Practice Act also does not apply to a physician licensed to practice under the laws of another state who acts as a consultant to a New Mexico-licensed physician on an irregular or infrequent basis, or to a physician who engages in the informal practice of medicine across state lines without compensation or expectation of compensation. Under the latter two exceptions, the physician is operating under the license and rules of the home state.

Utah –Utah does not require a license for an out-of-state physician that consults with a Utah-licensed physician; however, Utah does require full licensure for out-of-state physicians who consult directly with a patient by any means.

State Definition of Telehealth

Arizona - Telemedicine means the practice of health care delivery, diagnosis, consultation and treatment and the transfer of medical data through interactive audio, video or data communications that occur in the physical presence of the patient, including audio or video communications sent to a health care provider for diagnostic or treatment consultation. Telemedicine is predicated on a treating health care provider who has properly established a physician-patient relationship. The telemedicine statute specifically does not abrogate or diminish the requirements of the Medical Practice Act, including the requirement of establishing a valid physician-patient relationship before prescribing. Telemedicine should not be confused with internet prescribing. In telemedicine, the prescribing physician has access to the patient, the patient’s medical records and charts and the patient’s health care provider. The prescribing physician can confer with the professional who conducted the examination or direct a physical examination over the telemedicine network. The prescribing physician enters all necessary and relevant information in the patient’s medical record to maintain a complete medical record and ensure proper medical follow-up. The standard of care in telemedicine is to ensure that the physician has all the necessary information including a physical examination, a thorough history, and medical records, prior to making a diagnosis and beginning treatment.

Colorado - Telemedicine is defined under Colorado law as the delivery of medical services and any diagnosis, consultation, treatment, transfer of medical data, or education related to health care services using interactive audio, interactive video, or interactive data communication.

New Mexico - Under New Mexico’s Medical Practice Act, the definition of telemedicine is bi-directional. The medical practice act defines the practice of medicine across state lines as: (1) the rendering of a written or otherwise documented medical opinion concerning diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic, telephonic or other means from within this state to the physician or the physician’s agent; (2) the rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic, telephonic or other means from within this state to the physician or the physician’s agent.

Utah - Under the Utah Medical Practice Act, the definition of the practice of medicine includes: "to diagnose, treat, correct, or prescribe for any human...ailment...by any means or instrumentality, and by an individual in Utah or outside the state upon or for any human within the state."

American Telemedicine Association's
State Telemedicine Policy Center

To better serve ATA members on these issues and others, ATA is now using an online wiki format. This makes it easier for members to access and share relevant information. The ATA State Telemedicine Policy center also offers a State telemedicin Policy Matrix and a live, up=tp=the-minute update on state bills or rules, including sponsor, language, status and scheduled hearings. Click here for the ATA's State Telemedicine Policy Center.