A Note by Jabari Turner
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Millions of Americans were stuck in their houses during the COVID-19 pandemic.[1] The rising death tolls, financial insecurity, and growing uncertainty increased anxiety, depression, and a surge in emergency department visits for mental health conditions.[2] Federal and state-level licensing alongside permit waivers allowed many Americans needing mental health care, access to telemental health services.[3] As a result, Americans had more options in and out-of-state that were unavailable before the pandemic.[4] During the pandemic, federal agencies waived previous telehealth restrictions.[5] Moreover, in most states, through executive orders, out-of-state mental health providers in good standing were permitted to provide telemental services to patients.[6]
Telehealth gives patients and providers better access, options, and overall healthcare treatment and management without needing to be physically present.[7] In addition, it gives providers more continuity of care, and better overall healthcare management of their patients.[8]
[1] See Joseph Guzman, 90 Percent of Americans Now Staying Home to Prevent Coronavirus Spread, Hill (Mar. 27, 2020), https://thehill.com/changing-america/well-being/prevention-cures/489813-majority-of-americans-staying-home-as-much-as/.
[2] See infra Part III.
[3] See Rachel B. Goodman & Thomas B. Ferrente, COVID-19: States Waive In-State Licensing Requirements for Health Care Providers, Foley & Lardner LLP (Mar. 17, 2020), https://www.foley.com/en/insights/publications/2020/03/covid-19-states-waive-licensing-requirements.
[4] See id.
[5] See id.
[6] See U.S. States and Territories Modifying Requirements for Telehealth in Response to COVID-19, FSMB, https://www.fsmb.org/siteassets/advocacy/pdf/states-waiving-licensure-requirements-for-telehealth-in-response-to-covid-19.pdf (last visited Mar. 23, 2023) (state orders generally used “good standing” to refer to a practitioner not facing any “disciplinary or adverse action”).
[7] See Josh Sherman, Notes: Double Secret Protection: Bridging Federal and State Law to Protect Privacy Rights for Telemental and Mobile Health Users, 67 Duke L.J. 1115, 1116 (2018).
[8] See Sherman, supra note 6; see also David Pratt, Telehealth and Telemedicine in 2015, 25 Alb. L.J. Sci. & Tech. 495, 508 (2015).