Proposed Telemedicine Rules Halted

Wisconsin Medical Examining Board (MEB) stopped action on proposed telemedicine rules after listening to Wisconsin Hospital Association’s www.wha.org Vice President for Workforce and Clinical Practice, Steven Rush provide testimony on January 20, 2016. He appeared before the MEB’s public hearing on the proposed physician telemedicine practice regulations referred to as the “Med 24 rule”.

The proposed Med 24 rule defines telemedicine, explains how a valid physician-patient relationship can be established in a telemedicine setting, and identifies technology requirements for physicians who use electronic communications, information technology, or other means to interact with patients who are not physically present. The proposed Med 24 rule specifies that out-of-state physicians would need to hold a valid Wisconsin medical license in order to diagnose and treat patients located in the state.

Rush asked the Board to refrain from creating significant regulatory differences between the practice of medicine via a telemedicine platform and the general practice of medicine. As he said, “Telemedicine is a tool or a platform, and not a distinctively different type of medicine that creates a significantly different duty or responsibility for physicians that otherwise already exists.”

In a formal letter submitted to the MEB before the hearing, WHA President and CEO Eric Borgerding, Chief Medical Officer Chuck Shabino, and 15 other hospital leaders also explained their general concern with the direction of the new regulations.

Input was also provided at the hearing by WHA’s Taskforce on Telemedicine as well as testimony provided by WHA’s Physician Leaders Council, by a letter submitted by hospital leaders, and other key stakeholders.

In addition, 13 different individuals and/or organizations, reported in testimony at the hearing, “Telemedicine does not broadly require a distinct and different set of regulatory guidelines or rules. Therefore, it appears that existing medical practice rules and related statutes provide sufficient oversight on all medicine including services delivered via a telemedicine platform.’

After hearing an hour of testimony MEB suspended all formal action on their proposed telemedicine rule and will take time to revisit sections of the rule for more thorough analysis by the Board.

For more information on the “Med 24 rule, Go to http://dsps.wi.gov/Documents/Board%20Services/Rulemaking/EIA%20Notices/Med24_EIA.pdf