Title 1. Definitions; General Provisions — Subtitle 10. Telehealth
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health Occ. § 1-1001 (2026)
Title 1. Definitions; General Provisions
Subtitle 10. Telehealth
§ 1–1001LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Asynchronous telehealth interaction” means an exchange of information between a patient and a health care practitioner that does not occur in real time, including the secure collection and transmission of a patient’s medical information, clinical data, clinical images, laboratory results, and self–reported medical history.
(c)
“Health care practitioner” means an individual who is licensed, certified, or otherwise authorized by law to provide health care services under this article.
(d)
“Synchronous telehealth interaction” means an exchange of information between a patient and a health care practitioner that occurs in real time.
(e)
(1)
“Telehealth” means a mode of delivering health care services through the use of telecommunications technologies by a health care practitioner to a patient at a different physical location than the health care practitioner.
(2)
“Telehealth” includes synchronous and asynchronous interactions.
(3)
“Telehealth” does not include the provision of health care services solely through audio–only calls, e–mail messages, or facsimile transmissions.
Md. Code Ann., Health Occ. § 1-1002 (2026)
Title 1. Definitions; General Provisions
Subtitle 10. Telehealth
§ 1–1002LinkCopy Citation
A health care practitioner may establish a practitioner–patient relationship through either a synchronous telehealth interaction or an asynchronous telehealth interaction, if the health care practitioner:
(1)
Verifies the identity of the patient receiving health care services through telehealth;
(2)
Discloses to the patient the health care practitioner’s name, contact information, and the type of health occupation license held by the health care practitioner; and
(3)
Obtains oral or written consent from the patient or from the patient’s parent or guardian if State law requires the consent of a parent or guardian.
Md. Code Ann., Health Occ. § 1-1003 (2026)
Title 1. Definitions; General Provisions
Subtitle 10. Telehealth
§ 1–1003LinkCopy Citation
(a)
A health care practitioner providing telehealth services shall:
(1)
Be held to the same standards of practice that are applicable to in–person health care settings; and
(2)
If clinically appropriate for the patient, provide or refer a patient to in–person health care services or another type of telehealth service.
(b)
(1)
A health care practitioner shall perform a clinical evaluation that is appropriate for the patient and the condition with which the patient presents before providing treatment or issuing a prescription through telehealth.
(2)
A health care practitioner may use a synchronous telehealth interaction or an asynchronous telehealth interaction to perform the clinical evaluation required under paragraph (1) of this subsection.
(c)
(1)
A health care practitioner may not prescribe an opiate described in the list of Schedule II substances under § 5–403 of the Criminal Law Article for the treatment of pain through telehealth, unless:
(i)
The individual receiving the prescription is a patient in a health care facility, as defined in § 19–114 of the Health – General Article;
(ii)
The Governor has declared a state of emergency due to a catastrophic health emergency; or
(iii)
There is an established bona fide practitioner–patient relationship in which the health care practitioner has ongoing responsibility for the assessment, care, and treatment of the patient and the health care practitioner, or another health care practitioner in the same group practice, previously conducted an in–person assessment of the patient.
(2)
Subject to paragraph (1) of this subsection, a health care practitioner who through telehealth prescribes a controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, is subject to any applicable regulation, limitation, and prohibition in federal and State law relating to the prescription of controlled dangerous substances.
Md. Code Ann., Health Occ. § 1-1004 (2026)
Title 1. Definitions; General Provisions
Subtitle 10. Telehealth
§ 1–1004LinkCopy Citation
(a)
A health care practitioner shall document in a patient’s medical record the health care services provided through telehealth to the patient according to the same documentation standards used for in–person health care services.
(b)
All laws regarding the confidentiality of health information and a patient’s right to the patient’s health information apply to telehealth interactions in the same manner as the laws apply to in–person health care interactions.
Md. Code Ann., Health Occ. § 1-1005 (2026)
Title 1. Definitions; General Provisions
Subtitle 10. Telehealth
§ 1–1005LinkCopy Citation
A health care practitioner providing health care services through telehealth must be licensed, certified, or otherwise authorized by law to provide health care services in the State if the health care services are being provided to a patient located in the State.
Md. Code Ann., Health Occ. § 1-1006 (2026)
Title 1. Definitions; General Provisions
Subtitle 10. Telehealth
§ 1–1006LinkCopy Citation
(a)
A health occupations board may adopt regulations to implement this subtitle.
(b)
Regulations adopted by a health occupations board under subsection (a) of this section:
(1)
May not establish a separate standard of care for telehealth; and
(2)
Shall allow for the establishment of a practitioner–patient relationship through a synchronous telehealth interaction or an asynchronous telehealth interaction provided by a health care practitioner who is complying with the health care practitioner’s standard of care.