Telehealth Practice Requirements
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Trending in Telehealth: March 19 – March 25, 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:

  • Behavioral Health
  • Licensure Compacts
  • Telehealth Practice Requirements

A CLOSER LOOK

Finalized Legislation and Rulemaking:

  • Florida enacted SB 7016, which, among other things, enters Florida into the Interstate Medical Licensure Compact, the Physical Therapy Compact, and the Audiology and Speech-Language Pathology Compact.
  • In Utah, HB 365 was enacted. This act allows physicians, nurse practitioners and physician assistants to conduct initial consults for certain cosmetic procedures via telemedicine, including cryolipolysis (i.e. the removal of fat deposits using cold temperatures) and certain cosmetic laser treatments. Telemedicine consults would not be permitted for hair removal or tattoo removal treatments.
  • Washington enacted HB 1939 to enter the Social Work Licensure Compact.
  • In Washington, SB 5481 was also enacted. This act establishes professional practice standards for healthcare practitioners that provide telehealth services and establishes requirements for out-of-state health care practitioners.
  • Washington also passed SB 5821, which amends existing standards for establishing a provider-patient relationship related to audio-only coverage requirements. The act defines an established relationship to include a provider of audio-only telemedicine who has, among other things, seen the patient in-person or through real-time interactive audio and video technology at least once in the last three years or an audio-only provider to whom the patient was referred by a physician who had seen the patient, in-person or through real-time interactive audio and video technology, at least once in the past three years.
  • Wisconsin enacted SB 476, which prohibits the Wisconsin Medicaid program from requiring that telehealth providers have a physical address in the state.

Legislation & Rulemaking Activity in Proposal Phase:

Highlights:

  • In Alaska, SB 91 passed the first chamber. The bill would permit an out-of-state member of a physician’s multidisciplinary care team to provide services in Alaska via telehealth if the service provided by the out-of-state member is not reasonably available in the state or it involves ongoing treatment or follow-up care regarding a suspected or diagnosed life-threatening condition. The bill would also establish grounds for disciplinary action against an out-of-state member of a physician’s multidisciplinary care team.
  • In Georgia, HB 441 passed both chambers. If enacted, the bill would, among other things, require a dentist intending to provide care via teledentristry to notify the Georgia Board of Dentistry and to provide documentation that the dentist has established a referral relationship with a dentist capable of providing in-person dental care at a location within the state meeting certain geographic requirements. A dentist providing teledentistry would be permitted to authorize dental hygienists to perform certain dental hygiene functions, prescribe noncontrolled prescriptions and authorize the performance of digital scans and the transmission of patient records to the dentist. The proposed bill would require dentists to perform an initial in-person examination and an in-person exam at least once [...]

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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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