What’s more, many states have laid out various exceptions to the exception. For example, in some states, the person providing the emergency treatment cannot be doing so in exchange for monetary compensation. Elsewhere, the emergency treatment must be provided outside of a traditional health care setting (not in a hospital or doctor’s office) to qualify under the exception.
Is expedited medical licensing an option?
There are ways for a care provider to obtain a medical license in some states without relying on the traditional (and often time-intensive) process. In Ohio, for example, the state’s medical board can issue an expedited license to practice medicine, although the care provider still needs to submit an application – in other words, expedited licensing can’t be granted retroactively. And in many states – including California, where medical board staff is required to complete initial review of an application within 60 working days – an expedited application isn’t an option (at least not yet).
Around 30 states have joined the Interstate Medical Licensure Compact, which makes it easier for doctors to get licensed in multiple states through an expedited application process. According to the Interstate Medical Licensure Compact Commission, around 80% of doctors meet the criteria for licensing through the Compact.
Why licensing matters
State medical boards and other licensing agencies protect patients by making sure that an individual who practices medicine in the state is qualified to do so. That means scrutinizing applications to practice medicine in the state, reviewing credentials, and ensuring fitness to practice.
The practice of medicine without a license is typically considered a criminal act and is punishable by a variety of different sanctions (criminal, administrative, and professional). What’s more, the fact that a care provider was practicing medicine without a license could set the table for allegations of medical malpractice.
From a liability standpoint, if a doctor or other clinician treats a patient in a state where the clinician is unlicensed, then it’s a near certainty that any medical liability insurance the doctor carries will not apply to the treatment scenario. Suppose a patient is given substandard care and suffers harm at some point within the unlicensed treatment setting, and the patient files a malpractice lawsuit. In that situation, the doctor (and not an insurance company with so-called “deep pockets”) will be on the financial hook for the patient’s harm.
Doctors and other health care providers continue to serve the most critical of roles in our nation’s response to the COVID-19 pandemic. Like most things related to COVID-19, the information presented here is sure to change.
David Goguen is a legal editor at Nolo whose work focuses on claimants’ rights in personal injury cases. He is a member of the California State Bar and has more than a decade of experience in litigation and legal publishing. He is a graduate of the University of San Francisco School of Law.
A version of this article originally appeared on Medscape.com.