Telehealth and Digital Health Law

Telemedicine & Digital Health Law 2025: Hot Topics and Recent Developments

Meet the Instructor

Nathaniel Lacktman, Esq.

Nathaniel (Nate) Lacktman is a partner and chair of Foley & Lardner’s national Telemedicine & Digital Health Industry Team, and the current Chairman of the Board for the American Telemedicine Association (ATA). He advises entrepreneurial health care providers and technology companies on business arrangements, compliance, and corporate matters in telemedicine, digital health, remote patient monitoring, digital therapeutics, and click-and-mortar services. Working with hospitals, health systems, providers, and start-ups to build telemedicine arrangements across the United States and globally, his practice emphasizes strategic counseling, creative business modeling, and fresh approaches to realize clients’ ambitious and innovative goals. Nathaniel (Nate) Lacktman is a partner and chair of Foley & Lardner’s national Telemedicine & Digital Health Industry Team, and the current Chairman of the Board for the American Telemedicine Association (ATA). He advises entrepreneurial health care providers and technology companies on business arrangements, compliance, and corporate matters in telemedicine, digital health, remote patient monitoring, digital therapeutics, and click-and-mortar services. Working with hospitals, health systems, providers, and start-ups to build telemedicine arrangements across the United States and globally, his practice emphasizes strategic counseling, creative business modeling, and fresh approaches to realize clients’ ambitious and innovative goals.

Course Introduction

Before we begin..

Lesson 1 - Telehealth Licensure

Lesson 1 Knowledge Check

Lesson 2 - Telemedicine Practice Standards

Lesson 2 Knowledge Check

Lesson 3 - Telehealth Modalities and Requirements

Lesson 3 Knowledge Check

Lesson 4 - Prescribing Rules, Patient Rights, and Compliance

Lesson 5 - Beyond Practice Standards

You are almost there!

Recap - Key Takeaways

State Rules Shape How Telehealth Is Delivered

Licensure Depends on Patient Location

Providers must hold a license (or qualify for an exemption) in the state where the patient is located during the telehealth visit, not where the clinician is practicing.

Regulations on identity checks, informed consent, prescribing standards, and technology requirements vary by state and must be followed individually.

Asynchronous Care Has Limits

Controlled Substance Prescribing Is Restrictive

While some states allow questionnaire-based care, others restrict or prohibit it unless paired with clinical data like labs or patient communication.

Federal law (Ryan Haight Act) typically requires an in-person exam before prescribing controlled meds, with only specific and temporary exceptions.

Compliance Goes Beyond Medical Rules

Telehealth organizations must also follow laws on HIPAA, kickbacks, advertising, supervision, corporate structure, and disclosures.

Next Steps- Continue in Learning Platform

1. Complete course evaluation

2. Pass post-test with 70% or above

3. Review and download additional resources (Optional)