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Trending in Telehealth: March 12 – March 18, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care.

Trending in the past week:

  • Expanding Telehealth
  • Telehealth Practice Requirements

A CLOSER LOOK

Finalized Legislation and Rulemaking:

  • Indiana enacted SB 132, which removes the requirement that out-of-state providers licensed in Indiana and their employer/contractor file a certification to be subject to Indiana jurisdiction and laws with the Indiana Professional Licensing Agency before providing telehealth services in Indiana. Providers would still be subject to Indiana jurisdiction and substantive and procedural law.
  • In Indiana, SB 104 was also enacted, which requires veterinarians and veterinary technicians to disclose certain information when renewing a license or registration certificate including whether services are provided via telehealth.
  • New Hampshire adopted a final rule, which includes amendments to describe the initial application process, qualifications, renewals and audits for psychologists. It also clarifies requirements for a tele-pass license for psychologists.
  • Utah enacted HB 44, which enters Utah into the Social Work Licensure Compact.
  • Utah enacted HB 145, which permits veterinarians to supervise veterinary technicians via telehealth. Previously, veterinarians were only permitted to supervise state-certified veterinarian technicians via telehealth.

Legislation & Rulemaking Activity in Proposal Phase:

Highlights:

  • In Maryland, HB 1078 passed the first chamber. The bill would require the state Medicaid program to provide ultrasound procedures and remote fetal nonstress tests in certain circumstances.
  • In Wisconsin, SB 823 passed the first chamber. This bill would require out-of-state practitioners to register with the Department of Safety and Professional Services or an applicable Wisconsin credentialing board to provide telehealth services in Wisconsin.
  • In Kentucky, HB 829 passed the first chamber. This bill, among other things, would require a patient or designated caregiver to complete a consultation with an authorized pharmacist prior to purchasing medical cannabis and would require the patient to complete the consultation annually. The bill includes an exception to the consultation requirement for visiting qualified patients presenting a valid out-of-state registry identification card and proof of diagnosis of a qualifying condition. It provides that the consultation may be completed via telehealth and establishes a process for pharmacists to become authorized to provide medical cannabis consultations.
  • In Michigan, a proposed rule would require chiropractors to obtain consent from patients before providing telehealth services, maintain proof of consent in patient’s medical record and require chiropractors to exercise the same standard of care applicable to in-person service when providing service via telehealth.
  • In Nevada, a proposed rule would establish provisions related to teledentistry, including requiring dentists to collect a digital form of written consent for a patient, specify recording keeping requirements for teledentistry and establish standards for collaborations with other providers.
  • In Texas, a proposed rule would permit physical therapists providing services to students with disabilities in the educational setting to perform certain examinations via telehealth by removing the onsite examination requirement.
  • In [...]

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Trending in Telehealth: March 5 – March 11, 2024

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care.

Trending in the past week:

  • Interstate compacts
  • Expanding Telehealth

A CLOSER LOOK

Finalized Legislation and Rulemaking:

  • In South Carolina, the governor signed H 4159, the South Carolina Telehealth and Telemedicine Modernization Act, which establishes uniform baseline standards for all professionals licensed by a licensing board in the state providing services via telehealth. The act also revises the provisions of the Medical Practice Act related to telehealth, including addressing ongoing telehealth treatment provided by an out-of-state physician not licensed in South Carolina, as well as implementing standards for licensees solely providing services via telehealth (including evaluation, recordkeeping, follow-up care and prescribing standards).

Legislation & Rulemaking Activity in Proposal Phase:

Highlights:

  • In Arizona, SB 1267 passed the first chamber. If enacted, the bill would permit physical therapists to supervise physical therapy assistants through certain telehealth modalities.
  • In Colorado, HB 24-1048 passed both chambers. If enacted, the bill would specify that an in-person, physical examination of an animal is required to establish a veterinarian-client-patient relationship and would extend that relationship to other licensed veterinarians who share the same physical premises if those other veterinarians have access to and have reviewed the patient’s records. It would also permit veterinarians, with consent of the client, to provide veterinary services—including prescribing medication—via telemedicine to clients and patients located in Colorado with an established veterinarian-client-patient relationship. The bill establishes recording-keeping, confidentiality, and privacy requirements related to the use of telehealth and empowers the Colorado State Board of Veterinary Medicine to issue rules further regulating the use of telehealth. It also permits a license veterinarian to utilize tele-supervision of veterinary personnel if certain conditions are met.
  • In Hawaii, HB 2079 passed the first chamber. If enacted, this bill would, among other things, allow a practitioner who is licensed in Hawaii to prescribe schedule III and IV controlled substances, including testosterone, for the purpose of providing gender-affirming care while the practitioner is located outside the State and without conducting an in-person consultation with the patient, provided that the practitioner prescribes the controlled substances via a synchronous audio-visual telehealth interaction.
  • In Idaho, HB 684 passed the first chamber. If enacted, the bill would permit telebehavioral health services to be provided on public school premises.
  • In Kentucky, SB 111 passed the first chamber. If enacted, the bill would require health benefit plans, limited health service benefit plans, Medicaid, and state health plans to provide coverage for speech therapy provided via telehealth.
  • In Kentucky, SB 255 passed the first chamber. If enacted, the bill would establish requirements and standards for providing social work services via telehealth.
  • In Mississippi, HB 177 and SB 2157 both passed the first chamber. If enacted, these bills would enter Mississippi into the Dietician Licensure Compact and the Psychology Interjurisdictional [...]

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