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I AM PLANING TO OPEN AN INTERNET AS WELL AS OFFICE BASED CONSULTATION

Customer Question
SERVICE IN NYC OR NJ...
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: 8 years ago.Category: Legal
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Answered in 15 minutes by:
9/1/2009
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Are you a licensed physician in the USA?
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Customer reply replied 8 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
Lawyer: Dimitry K., Esq., Attorney replied 8 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.
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Customer reply replied 8 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
Lawyer: Dimitry K., Esq., Attorney replied 8 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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