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Michigan Telemedicine Licensing and Consent Laws
Michigan law does not require Michigan licensed or registered healthcare professionals to obtain special licensing or other certifications to provide telemedicine services to patients located in Michigan. If the
patient is located in a state other than Michigan, the healthcare professional must comply with the licensure, registration, certification or other authorization requirements of the other state.
In addition, before providing telemedicine services to a patient, Michigan law generally requires the healthcare professional to directly or indirectly obtain the patient’s consent for treatment via telemedicine. The patient’s consent should be documented in the patient’s medical record for the telemedicine encounter regardless of the patient’s location.
Michigan Laws for Prescribing Medications via Telemedicine
Michigan law permits a healthcare professional to prescribe a patient a drug via telemedicine if the healthcare professional is acting within the scope of
his or her practice in prescribing the drug, and meets certain additional requirements, such as referring the patient for geographically accessible health care services (including emergency care services) if medically necessary, and either referring the patient or making the healthcare professional (or a person acting under his
or her delegation) available to provide follow-up health care services.
Importantly, if the healthcare professional is prescribing a controlled substance, the healthcare professional
must meet the Public Health Code’s requirements applicable to the healthcare professional for prescribing a controlled substance (e.g., controlled substance
Legal Corner: Telemedicine in Michigan 2021
18 Detroit Medical News First Quarter 2021
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