International Telemedicine: A Global Regulatory Challenge for Healthcare Innovation

Dr. Ismail Sayeed
10 min readSep 19, 2022
Illustration of woman standing next to a globe with pin point location settings.

This article provides a general guide to the subject matter. Specialist advice should be sought about your specific circumstances, as this is not intended as a replacement for consultation with qualified professionals in all matters of importance related specifically to you and/or those within their scope of practice. The original article may be found here.

The global economy is changing rapidly, and as such the legal landscape for telemedicine has likewise experienced rapid transformation. This article presents a sampling of these emerging trends in regulating this new technology across countries around the world with attention given to how they can be applied within your own country or culture’s borders.

The era of virtual care is upon us, and as providers seek to serve patients across borders more questions are being asked about foreign regulation. From the question of whether remote second opinions or doctor-to-patient consultations would be considered “practice medicine” in another country to when can we receive identifiable data from them for telehealth purposes.

With a rapidly expanding global presence, providers are finding themselves in the unenviable position of needing to know how foreign countries regulate their health sector.

The practice of medicine is regulated across the world, but telemedicine does not always fit within traditional areas of law and regulation. This article presents some lessons learned from navigating tricky legal thickets in international remote medical services with a focus on how it can be done safely while complying at all times under each country’s specific rules which may vary significantly depending upon whom you are as well as what service(s) offered.

Health care providers are reaching across international borders using technology to provide medical services directly. While this has been going on for a long time, modern telecommunication systems have forever changed how it’s done in that they allow patients and physicians from around the world access without the hassles of international medical travel, especially with chronically ill patients.

With the rise in telemedicine, medical providers are able to provide services remotely without compromising quality. The use of electronic mail has been frequent for communication between patients and their doctors as well as other members within an organization like administrative staff or lab technicians; this allows all levels to be more accessible than ever before.

In addition, there are also interactive video tutorials that allow users at home access during even easier consultations with specialists because they can see what questions might be asked — making sure no detail goes unnoticed when dealing directly with complex diseases.

International telemedicine is becoming increasingly popular as we navigate an ever-changing health care system. With average internet connections, these services promise convenience and broad access to specialists for people all over the world who may be located in different countries; this can lead not just to better outcomes but also to decreased costs due to its use of technology like video calls or virtual reality sessions during consultations.

Medicine is a globally-regulated profession, but the practice of telemedicine does not always fit within traditional areas applicable to medical law. Where countries regulate this trend — which has been growing recently — such laws cannot address circumstances where foreign physicians render remote services in another country without being physically present there themselves

The global health industry is expanding at a rapid pace. As borders remain porous, it’s important for providers to understand how different countries regulate medicine so they can operate legally and safely across multiple jurisdictions.

The logistics of providing remote care are often challenging, but there is hope for providers who aim to break the mold.

Telemedicine or remote second opinions (RSO) can be a very useful service in some instances but there are many regulations that need to be followed. Who regulates these things?

In many countries, there is no specific law or legislation regarding telemedicine. However, it would be wrong to assume that these initiatives can proceed without any encumbrance in such places because the regulatory framework governing traditional medical practice and physician codes of conduct apply depending on what kind of remote care services will be offered.

The remote care model is a challenging prospect for doctors who are not physically present in their country of residence. This can be because medical practice rules do not contemplate such circumstances, making it hard to design an effective service that meets these needs without running into roadblocks along the way.

In some countries, there is a specific agency that operates solely to address telemedicine. For example, the Kingdom of Saudi Arabia has its own unit dedicated solely to providing remote services from afar into this country and they do so under regulations issued in June 2018 which grant them more freedom than before but also require compliance with certain standards regarding supervision.

The current system for regulating remote healthcare is full of holes. Laws often focus on in-country health professionals providing care to local patients, but these regulations do not apply when it comes to a time that someone from outside the country provides advice or treatment through technology like video Skype sessions with your doctor.

Foreign physicians have been providing care to local patients for decades. However, the nature of their work often leads them into a difficult “square peg in a round hole” situation where they are unable to offer advice or treatment without proper licensing from both home country authorities as well many times abroad due to strict regulations concerning cross-border healthcare programs which make it hard enough just getting licensed at all let alone being able to provide services within another nation’s borders.

The “square pegs in round holes” problem plagues the medical field. Remotely providing care to local patients has been an immensely difficult task for international providers, as it often boils down to their legal status and whether or not they can be sued if something goes wrong with one patient’s treatment

The Practice of Medicine and its international perception

International telemedicine and RSOs have the potential to improve access for patients in developing countries by providing affordable, high-quality healthcare that is otherwise unattainable.

The definition of “practice of medicine” is a flexible and evolving concept. The original intent was to protect consumers from harmful practices, but it has since expanded its scope beyond that limitation — now including international telemedicine services as well RSOs with certain training requirements.

A defining factor of a “practice medicine” as it relates internationally with remotely located physicians or multimedia technologies like video conferencing systems would be how they can provide medical care without being physically present at an emergency room based upon patient requests where there may not always be enough beds available due out their population sizes which are lower than other developed nations but still require attention given this growing trend despite its pros outweighing cons.

The question becomes whether the physician’s home country’s qualifications and registration are enough to provide care across borders, or if they need a special license in order for patients who receive treatment from these doctors will be able to access their services.

Consulting amongst Medical Peers And Providing Remote Second Opinions

Telemedicine arrangements are more accepting of cross-border RSOs and doctor-to-doctor consultations where such communications do not involve the remote doctors’ direct patient interaction, treatment, or diagnosis. Asynchronous store forward telecommunication services for radiology Dermatology & Pathology may fall into this category.

As technology advances so too must our understanding of how it can be used responsibly which includes gaining knowledge about laws surrounding these types of healthcare practices.

Informal consultations between physicians, such as those carried out through email or social media channels are a common way for doctors to communicate with each other without the need for an official relationship.

Medical Licensing Regulations in Global Health

The issue of whether and how physician licensing rules apply when the doctor and patient are located in different countries is among the most challenging aspects of an international telemedicine program.

Health care providers widely accept the responsibility to practice medicine with a proper license, not only because it’s ethically required but also the best interest of patients since organizations can get criminal penalties if employing a person providing professional health services without being properly registered where they’re licensed/registered too.

Around the world, a patient’s location typically determines which licensing and registration regime applies for direct physician-patient encounters. In most cases, this means that US physicians must be licensed in their respective states (unless an exception applies) whereas other non-US jurisdictions would expect US doctors to have licensure there as well since they might engage in live audio or video interactions with patients via Zoom, for diagnosis/treatment purposes.

However, there is a growing trend of physicians who interact with patients outside their own country. For example, an American doctor may need to be licensed in the state they are providing services and if that person travels abroad then it would probably only require them to have jurisdiction over local laws instead because most countries have reciprocal agreements where you can practice without needing full registration but still follow safety standards set by your own government.

In cases where consultative activities do not involve final diagnosis and prescription of medication, this scenario can make them exempt from certain regulations depending on where they’re practicing at any given time. The same physicians may be exempt from licensure where their cross-border activity does not involve final diagnosis, prescription, or other forms of clinical assessments.

The highest medical regulatory authority in one western European country says that physicians located abroad may provide telemedicine services directly to patients within their jurisdiction so long as they are qualified and regulated by the local authorities.

Cross-border Healthcare Marketing

The global healthcare industry is expanding at a rapid pace, and many employers are looking to expand their international presence by providing telemedicine services in other countries. However, not all countries have the same policies for this type of care; some may only allow it on behalf if they’re registered there as an employer while others might offer hospital-to-hospital agreements between two parties who agree that one will provide clinical support in exchange for payment from another’s paperwork or service charges imposed directly onto patients visiting their own facility.

Hospitals and other medical facilities may find themselves unable to provide telemedicine services in a foreign jurisdiction unless they are qualified as either “health centers” or hospitals. But some countries do not allow such registrations for organizations without premises there, making it difficult if not impossible for these providers of healthcare outreach in remote areas to access patients who need their help through long-distance care delivery methods like video calls on monitors placed near bedside units where doctors’ offices would otherwise have little to no business involvement until after initial diagnosis has been made — even then only providing advice based upon.

As a telemedicine company that operates across international borders, it is important to note the various regulatory hurdles and restrictions in different countries. For instance, advertising can be difficult without the legal presence or commercial licensing within another country’s jurisdiction where we advertise our services which includes using titles such as “Dr.”

The use of these terms may also come with specific rules about what information must appear alongside them — including whether an organization has been granted permission by local authorities before using its name.

International Patient Data Privacy

Health data is the new currency of healthcare and providers need to be prepared for its handling. The more you hold onto this information, especially if it’s from a remote patient in another country with individual rights like access or correction features as well as storage limitations on what we do with their records once they’re here-the greater the chance there may come a point where our organization needs compliance advice from them too.

Data protection laws can be an issue when it comes to cross-border telemedicine programs that involve monitoring, collecting, or processing patient personal data.

The patient’s privacy must be considered when submitting any medical information. The law requires that all patients consent to treatments, so those under 18 years old also need parental approval before they can share this data with other providers who will treat them outside of our office visits.

The doctor should also take into account any privacy notices and parental consent when dealing with patients.

Health care providers who are prepared to become keepers of patient information should consider the implications for their business. For example, they may need an additional level or layer of security when dealing with remote patients because there is no way for them to access this data on-site and it can only be handled through external channels so that privacy requirements aren’t violated during transmission between countries — including individual rights concerning accessibility.

Providers of telemedicine services have come to learn that holding patients’ private health information triggers strict compliance with administrative, technical, and physical safeguards. These regulations follow the data from its country of origin including individual rights for access or correction as well limitations on how long it can be stored before being destroyed — all depending upon what type you’re dealing with within certain laws in each state which varies greatly between states themselves.

The European Union General Data Protection Regulation (EU-GDPR) has been a major inspiration for many other worldwide privacy laws. This means that the practice of telemedicine will only become more complicated as it seeks to maintain compliance with both international guidelines and regional specifications within Europe itself, but also deals separately on an individual nation scale where each member may have different requirements depending on what type they are looking at performing services.

Future Challenges in International Telemedicine

International telemedicine programs face many challenges, including:

  • Billing and reimbursement (e.g., whether and under what circumstances telehealth services can be billed and reimbursed by government and other third-party payers)
  • Telehealth device regulation
  • Liability and malpractice
  • E-commerce regulation
  • Intellectual property protection
  • Fraud and abuse
  • Anti-corruption
  • Global tax compliance

Closing thoughts

As technology evolves, patients are going “mobile” with their healthcare. This means that transnational telemedicine will continue to expand as well — though not all countries have yet created laws or regulations for this practice while others may be updating existing rules and guidance in light of recent issues arising out of its use.

Telemedicine has been a vital tool in combating global pandemic infections and will continue to be as the world becomes more interconnected. As certain countries emerge with “tele-friendly” jurisdictions, others may follow suit seeking their own opportunities for growth through international standardization of law on this subject matter.

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Dr. Ismail Sayeed

Medical Director of The VIOS Clinic | Gold investing enthusiast | Author of 'The 3 Pillars of Personal Power'