State restrictions on the interstate practice of dermatopathology are unconstitutional: the tissue is the issue

• Published in: Journal of cutaneous pathology Vol. 42; no. 10; pp. 669 - 673
• Main Authors: Marsch, Amanda F., Feinberg, James S.
• Format: Journal Article
• Language: English
• Published: Oxford, UK Blackwell Publishing Ltd 01.10.2015
• Subjects: Biopsy; constitutional rights; Dermatology - legislation & jurisprudence; Humans; Idaho; interstate pathology; Jurisprudence; Pathology - legislation & jurisprudence; teledermatology; teledermatopathology; telemedicine; Telemedicine - legislation & jurisprudence; United States; interstate pathology; constitutional rights; telemedicine; teledermatopathology; teledermatology
• ISSN: 0303-6987; 1600-0560
• DOI: 10.1111/cup.12505

The regulation of the interstate practice of dermatopathology, teledermatopathology and teledermatology is the subject of discussion in many recent articles. Laws and regulations in many states complicate such interstate practice, requiring the dermatopathologist to be licensed in the state where the biopsy is taken if the dermatopathologist practices in and is licensed in a different state. To date, this discussion has been from the viewpoint of the dermatopathologist or dermatologist. But, when seen from the patient's viewpoint, its apparent that most such state regulation may be void as an unconstitutional infringement of a patient's fundamental right of unrestricted interstate travel under the Constitution of the United States of America.