Menu
Owing to the French-language fluency requirement, Dr. Geissler is unable to practice medicine in France (in person) because Dr. Geissler does not speak French.
Dr. Geissler is an Irish citizen and a US citizen. Thus, Dr. Geissler is doubly handicapped, language-wise.
Interestingly, the French language fluency requirement applies only to the practice of medicine in-person, but it does not apply to telemedicine.
The applicable EU law is that the practice of medicine is taken to be the location where the physician is licensed, not where the patient is located.
Thus, the practice of telemedicine is not necessarily occurring in the same jurisdiction as the (in-person) practice of medicine.
This distinction is important because Dr. Geissler has cross-border prescription authority and has a cross-border medical license.
Therefore, Dr. Geissler can legally practice (cross-border) medicine in Paris via telemedicine.
Dr. Geissler has never had any difficulty prescribing pharmaceuticals (cross-border) via telemedicine.
Therefore, Dr. Geissler is allowed to practice psychiatry in Paris via telemedicine.
Furthermore, in France there is no language requirement for the practice of psychotherapy (talk therapy) or the practice of in-depth psychoanalysis (think Freud).
The applicable rule in the European Union is that if the service provider (here the healthcare professional) complies with the legislation applicable to the taking up and exercise of an information society service in his Member State of establishment, he will in principle be free to provide its services in other Member States (Article 3(1) and 3(2) of Directive 2000/31/EC). This is known as the ‘country-of-origin principle’.
Example: Case study In January 2014, an innovative eye care centre in Country A explores the opportunity to invest in a state-of-the-art teleophtalmology system, capable of providing services at distance nationally and across borders. Healthcare professionals in the centre are particularly interested in expanding their services to patients living in border regions in Country B and Country C, offering them the comfort of remote eye care from home. Prior to purchasing the necessary equipment, the healthcare professionals from Country A seek relevant information concerning the conditions they need to comply with in order to be entitled to treat patients in other EU Member States and, if applicable, the requirements for professional recognition of their credentials. It should first of all be noted that the professionals from Country A will continue exercising their activity there and will propose health services in Country B and Country C from Country A, without physically moving to either of those countries. The provisions of Directive 2005/36 on the recognition of professional qualifications are therefore not applicable. However, Article 4(1) of Directive 2011/24/EU applies. It provides that cross-border healthcare be provided in accordance with the legislation of the Member State of treatment, which in the case of telemedicine is that of the service provider’s Member State of establishment. This means that the healthcare professionals of Country A should only comply with the existing accreditation and legal requirements existing in Country A to perform telemedicine. As the telemedicine services at stake fall within the definition of an information society service, the healthcare professionals from Country A would also have to comply with the national provisions applicable in Country A for the provision of an information society service.
[Legal reference: Articles 56 and 57 of TFEU -Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare – Directive 2000/31/EC on electronic Commerce, hereinafter “the eCommerce Directive”]