Last time, we took a look at the registration requirements applying to physicians who want to practice telemedicine in the state of Minnesota. In addition to the requirements mentioned last time, physicians who provide telemedicine services to patients in Minnesota are required to abide by health records requirements.
These requirements comprise what is known as the Minnesota Health Records Act, which covers patient rights and access to medical records, release and disclosure of medical and mental health records, disclosure of mental health records for external research, release of videotapes, and matters related to independent medical examinations. Physicians who fail to abide by the requirements of the Minnesota Health Records Act face penalties and potential disciplinary action by the Minnesota Board of Medical Practice.
It is important to point out as well that the Minnesota Board of Medical Practice is responsible for undertaking investigations and disciplinary action not only with respect to practitioners who are physically located in the state of Minnesota, but also for practitioners offering telemedicine services from other states. We have previously written on this blog about the grounds on which the board may take disciplinary action, and it is important for out-of-state physicians to have a good understanding of their obligations so as to avoid involvement with the board.
Physicians who do end up being investigated for misconduct can benefit greatly from working with an attorney who is experienced with and knowledgeable about the disciplinary process and who understands how to advocate for a physician before the medical board.
Minnesota Department of Health, “Medical Records Information,” Accessed Feb. 19, 2016.
Minnesota Board of Medical Practice, “Disciplinary Action,” Accessed Feb. 19, 2016.