Wooo Hoooo! Telehealth! I can just get my APRN license and start seeing patients all over the US! Hold on there...it is not THAT easy. Well...it isn't hard; it can be done, but you must make sure you are following the laws of the state you are wanting to practice in. There are business laws, government laws, telehealth laws, and professional laws that must be abided by. Sometimes this can be confusing and very overwhelming.
I am not a lawyer or a CPA, I am a nurse. I'm consistently online doing research and I am here to provide you with a few links that will help guide you through starting your own business venture.
Telehealth Laws by State: https://www.cchpca.org Bookmark this page and refer back to it often and subscribe to their site so you get up to date information. Every state has their own laws regarding how Telehealth can be conducted.
Business Laws by State: It is likely you will have to form a business presence in the other state, especially if you are wanting to get credentialed with insurances in that state. There is a "foreign qualification" option that may work for you, but again, I am not an healthcare or a business attorney. My best recommendation is to consult one. There are a few I am going to list below from articles they have posted online. You will also need to have an address in that state to become credentialed with insurance panels. They will not take a PO box, and some will not take a virtual address, so best practice is to have a physical street address.
Government Laws: Is there a state tax in the state you want to practice in? This is something to consider because they are going to probably want some of your money. Contact them directly to find out how that works for you, and what you need to do to stay in compliance. DEA licenses are federal, yes, but if you are going to administer, dispense, or prescribe in another state - you MUST have a DEA for that state. Check out the DEA site to see what I am referring to. Another thing, you are also controlled by state law on prescribing in the state itself. (Note: the more stringent of the two laws is what is enforced.) For example: you may have your DEA license in that state, but that particular state has a law that prevents you from prescribing Schedule 2 drugs via telehealth. You are responsible for knowing the laws in the state in which you are practicing. Side-note: do not use your home address as your place of business as this gives the DEA permission to knock on your door at anytime and come into your home. You might say "I don't have anything to hide", but do you really want them just showing up uninvited?
Professional Laws: You need to contact the State Board of Nursing in the state you wish to practice. Just because you are currently licensed in a compact state, does not necessarily mean you are free to openly practice in other states. This also pertains to states that are "full-practice" - a lot of states still have requirements that have to be met before you are allowed to practice independently. During the COVID pandemic, rules and laws have temporarily changed, but they will eventually be lifted. You just want to make sure you are in compliance when they do.
Healthcare attorney's are a little expensive, but the money you invest to make sure you are in compliance is well worth the price. Setting up your practice correctly in the beginning will save you big headaches later down the road, not to mention possible fines. You can use incfile.com or legalzoom.com or another company like that to set up your business and they will walk you through every step. They will also send all your business paperwork to you in a nice little binder.
We are here to help you with your business during any part of the process. Please reach out to us at www.silverleafpms.com
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