Chapter 05. Telehealth

“Asynchronous” means not occurring in real time.

“In-person” means within the physical presence of the patient.

“Interpretive services” means reading and analyzing images, tracings, or specimens through telehealth or giving interpretations based on visual, auditory, thermal, or ultrasonic patterns or other patterns as may evolve with technology.

“Synchronous” means occurring in real time.

Telehealth.

“Telehealth practitioner” means a Maryland licensed physician or licensed allied health practitioner performing telehealth services within their respective scope of practice.

Verify the identification of the patient receiving telehealth services within a reasonable degree of certainty through use of:

For an initial patient encounter, disclose the telehealth practitioner’s name, contact information, license type, and medical specialty, if any;

Except for interpretive services, obtain oral or written consent from a patient or the patient’s parent or guardian if State law requires the consent of a parent or guardian including informing patients of the risks, benefits, and side effects of prescribed treatments;

Securely collect and transmit a patient’s medical information, clinical data, clinical images, laboratory results, and self–reported medical history, as necessary and prevent access to data by unauthorized persons through encryption or other means;

Notify patients in the event of a data breach;

Ensure that the telehealth practitioner provides a secure and private telehealth connection that complies with federal and state privacy laws; and

Establish safety protocols to be used in the case of an emergency.

Obtain or confirm an alternative method of contacting the patient in case of a technological failure;

Confirm whether the patient is in Maryland and identify the practice setting in which the patient is located; and

Identify all individuals present at each location and confirm they are allowed to hear personal health information.

The patient is in a health care facility as defined in Health-General Article, §19-114(d)(1), Annotated Code of Maryland;

The Governor has declared a state of emergency due to a catastrophic health emergency; or

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.