Sean McBride, Vice Chair, Clinical Strategy, Operations, and Professional Practice at Memorial Sloan Kettering Cancer Center, shared a post on LinkedIn:
“Very grateful to the Pacific Legal Foundation and, more specifically, to our brilliant attorney Caleb Trotter for taking on our cases challenging the constitutionality of licensure requirements imposed by California and New Jersey on inter-state telehealth consultations. He did a super job during oral argument at the 9th Circuit on Monday.
In light of the Supreme Court’s recent 8-1 holding in Chiles v Salazar, it should be clear that state requirements of full licensure for out-of-state licensed MDs to conduct telehealth consults and follow-ups with residents represents a clear, unconstitutional, content-based restriction on speech. In effect, it may also limit patients’ access to differing viewpoints on standards of care (Justice Kagan’s concern in her concurrence). Moreover, the burdens California and NJ place on the delivery of this inter-state service also violates the Dormant Commerce Clause. Special thanks to my co-plaintiff Shannon MacDonald whose passion inspired the whole project.
Link to video of the oral argument below.”
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