<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 10.32.05.06" title_num="10" subtitle_num="32" chapter_num="05" heading="Standard Related to Telehealth.">
  <paragraph num="A.">
    <text>A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable in in-person health care settings.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A telehealth practitioner may not treat a patient or prescribe medication based solely on a static online questionnaire.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A telehealth practitioner may not prescribe an opiate described in the list of Schedule II substances under Criminal Law Article, §5-403, Annotated Code of Maryland for the treatment of pain through telehealth unless:</text>
    <paragraph num="(1)">
      <text>The patient is in a health care facility as defined in Health-General Article, §19-114(d)(1), Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Governor has declared a state of emergency due to a catastrophic health emergency; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>There is an established bona fide practitioner-patient relationship in which the telehealth practitioner has ongoing responsibility for the assessment, care, and treatment of the patient and the telehealth practitioner, or another health care practitioner in the same group practice, as defined in Health Occupations Article, §1-301, Annotated Code of Maryland, previously conducted an in-person assessment of the patient.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A telehealth practitioner shall comply with all State and federal laws and regulations related to dispensing including the prohibition on mail order dispensing.</text>
  </paragraph>
</regulation>