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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I AM PLANING TO OPEN AN INTERNET AS WELL AS OFFICE BASED CONSULTATION

Customer Question

I AM PLANING TO OPEN AN INTERNET AS WELL AS OFFICE BASED CONSULTATION SERVICE IN NYC OR NJ. OFFICE WITH EXAM/CONSULT ROOM THERE WILL BE A NY OR NJ LICENSED NURSE TO TAKE BLOOD PRESSURE AND MEDICAL HISTORY FROM EACH PATIENT
IS IT LEGAL FOR A LICENSED DOCTOR FROM A SOUTH AMERICAN COUNTRY TO PREFORM CONSULTATIONS ON PERSPECTIVE CLIENTS WHO WOULD LIKE TO HAVE SOME TYPE OF PLASTIC SURGERY PREFORMED IN PARTICULAR SOUTH AMERICAN COUNTRY.
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
Are you a licensed physician in the USA?
Customer: replied 7 years ago.
i already wrote a full description a i dont know what happened

so i would like to open an internet and office based consultation company in nyc or nj
to have an office with consult / exam room. there will be licensed nurse from here checking blood pressure and taking medical info. ( or no nurse if not legal because not actual doctor's office)
doctor who practices abroad visit nyc to consult with potential client who are looking to have some type of plastic surgery. we are connecting people in the states with the doctor from south america where they can meet with the doctor in our ofice before they travel out of country.
doctors will not provide any medical attention just advise for potential surgery at there office in south america
we arent affiliated with doctor we are only a referral service thats provides a up front consult with client
Expert:  Dimitry K., Esq. replied 7 years ago.
If you are not licensed in the USA, you cannot open a staffed medical office as the head physician. It is against the law to have a staffed office in which you are unable to practice, and to have a nurse provide consolation from your direction, especially for procedures that will be taking place outside the country.

You can be accused of practicing without a license, fraud, and operating a "front" since the majority of the procedures will be taking place outside the country in South America.

I am sorry.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.
but is it legal to have internet based consultation service where clients can chat live a recieve consultation from doctor outside us


its not a medical office its just a regular office where people come to meet doctor who may potentially provide them plastic surgery
nurse isnt needed
Expert:  Dimitry K., Esq. replied 7 years ago.
Alan,

What you are describing is very close to the structure of JustAnswer, except no service is provided by medical doctors, rather than online advice.

There is a large difference however--all the doctors, nurses, attorneys, and other professionals are vetted. If doctors provide information, then they were officially checked and certified in being US licensed. That is something you will not have, and that is why you can be accused (and quite successfully) of fraud and practicing without a license.

It would not be legal. Consultation online create a doctor-patient relationship; in that case the doctor is required to be licensed in the state in which the patient comes to him from for consultation or where the doctor's office is located.

Sincerely,

Dimitry Alexander Kaplun, Esq.


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