Telepsych visit with pt abroad

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Yoyomama88

Full Member
15+ Year Member
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If seeing pt initially in the USA, then patient spends time abroad. Is it legal to see the patient while they are out of the country via telepsychiatry?
 
For many of my payers, patient has to physically be in our state to provide them services. Some insurers allow for limited services across state lines as we are near a border. You'd have to check policies, but I assume many, if not most, will have a problem with cross country service.
 
I suspect you'd have to look into the laws of where the patient is, not where you are. That's how it generally works across state lines. My best guess is no, since every country has their own system for accrediting physicians trained elsewhere. When one of my patients left the country for an extended stay, we didn't even consider me treating him overseas but looked into whether he would even be allowed to bring his medications into the other country (no, not every country treats ADHD like we do) and whether he would be able to get into that country's mental health care system.
 
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I had a case where a patient was abroad and called my malpractice insurance legal consultant for advice about seeing them over telepsych. They said I would essentially be practicing medicine without a license abroad and my malpractice policy would not cover it
 
No. They are supposed to be on the soil of the state where your license is. I do of course know several doctors who aren't aware of this, continue to practice, and nothing happens to them because it's really only something where everyone looks the other way....UNLESS this is going to be a case reviewed by a 3rd party that may question WTF? You saw them outside your state license?

Can it happen? Unlikely but yes it can. Especially if the case is not routine and a high risk patient. Such examples are if the patient complains about you to your state medical board, a higher up in your organization, the patient's insurance company annually asks for notes from a provider to make sure you're doing the minimum, or if you are sued.

Add to the frustration that many patients such as college students can't easily find psychiatrists in their area while in school or at home and your license only covers one of those areas. So if you tell them you won't see them this leaves the patient in a bad position unless they can easily find another provider of at least adequate quality.
 
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You must be licensed in the state or country where the patient is. If the patient is outside of the country, you would be practicing medicine without a license unless you happen to have licensure where the patient is located. Malpractice will also likely not cover you in this situation. I would strongly advise against it as the risk is very high if you were to be sued or have an adverse outcome.
The opposite, however, is certainly doable. You can see a patient in a state where you are licensed even if you are located outside of the US. Quite a few people are doing this.