ESSEX COUNTY, NJ — A Massachusetts doctor has filed a lawsuit against the head of the New Jersey Board of Medical Examiners, claiming the state’s telehealth laws prevent residents from accessing the best medical care.
The lawsuit — filed in U.S. District Court by attorneys for Dr. Shannon MacDonald, a radiation oncologist at Boston’s Mass General Cancer Center — claims the Garden State’s current telehealth laws requiring out-of-state doctors to become licensed in New Jersey forces residents to either forego treatment or travel out of state to receive care.
The lawsuit claims New Jersey’s current law violates the U.S. Constitution as well as a person’s right to direct their medical care by “erecting high barriers” for those seeking treatment out of state.
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“Without telemedicine, patients suffering from rare cancers and diseases… must either forego lifesaving treatment or suffer by traveling out of state every time an appointment with a national specialist like Dr. MacDonald is needed,” the lawsuit states.
Many families cannot bear the burden of travel, the lawsuit continues, but “telemedicine allows patients and their families, especially in situations where time is of the essence, to consult quickly and affordably with these unique specialists around the country.”
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The lawsuit was filed by the Pacific Legal Foundation, a California-based public interest law firm. An Essex County family whose son received treatment through MacDonald in 2012 and Bergen County resident Hank Jennings were also listed as plaintiffs in the case.
The defendant is Otto F. Sabando, president of the New Jersey State Board of Medical Examiners, according to court documents.
New Jersey’s temporary licensing program for doctors was enacted following the COVID-19 pandemic. According to the lawsuit, physicians wanting to be licensed in New Jersey must pay $550, agree to a background check, have fingerprints taken and submit “significant documentation.”
The lawsuit claims the average processing time for licenses is three months compared to 24 hours under New Jersey’s emergency licensing program during the COVID-19 pandemic.
If an unlicensed physician uses telehealth to consult with a patient, they could be found guilty of a third-degree crime punishable by 3-5 years in prison, the lawsuit states.
“Maintaining licenses in multiple states is significantly burdensome,” the lawsuit states. “Monitoring renewal dates and fees, state-specific continuing education requirements, and other state-specific requirements create administrative barriers that prevent them from seeking licensure in all states where they have patients.”
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New Jersey lawmakers have taken steps in recent years to change the law. According to the lawsuit, in 2022, lawmakers passed a bill allowing New Jersey to enter the Interstate Medical Licensure Compact, a group of 37 states allowing doctors to obtain licenses in multiple states.
Still, the lawsuit argues that the new licensing program will still take weeks, which is too long for many patients seeking treatment for rare diseases.
The lawsuit is asking a federal court to deem New Jersey’s law unconstitutional, claiming it violates the First and Fourteenth Amendments. It also requested the court block the law’s enforcement.
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