Regulation .04 Standards of Practice for Telehealth.
Regulation .04 Standards of Practice for Telehealth.LinkCopy Citation
A.
Before performing telehealth services, a telehealth practitioner shall develop and follow a procedure to:
(1)
Verify the identification of the patient receiving telehealth services through use of:
(a)
A government issued photograph identification;
(b)
An insurance, Medicaid, or Medicare card; or
(c)
Documentation of the patient’s:
(i)
Date of birth; and
(ii)
Home address;
(2)
For an initial patient-telehealth practitioner encounter, disclose the telehealth practitioner’s:
(a)
Name;
(b)
Contact information;
(c)
Maryland license number and type or compact privilege number, if applicable; and
(d)
Medical specialty, if applicable;
(3)
Except for interpretive services, obtain oral or written consent from a patient or patient’s parent or guardian if State law requires the consent of a parent or guardian, including informing patients of the risks and benefits of the services to be provided;
(4)
Securely collect and transmit a patient’s medical health information, clinical data, clinical images, laboratory results, and self-reported medical health and clinical history, as necessary, and prevent access to data by unauthorized persons through encryption or other means;
(5)
Notify patients in the event of a data breach;
(6)
Ensure that the telehealth practitioner provides a secure and private communication modality that complies with federal and state privacy laws; and
(7)
Establish safety protocols to be used in the case of an emergency.
B.
Except when providing asynchronous telehealth services, a telehealth practitioner shall:
(1)
Obtain or confirm an alternative method of contacting the patient in case of a technological failure;
(2)
Confirm whether the patient is in Maryland and identify the specific practice setting in which the patient is located; and
(3)
Identify all individuals present at each location and confirm they are allowed to hear the patient’s health information.
C.
A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable for in-person health care settings.
D.
The requirements set forth under §§A and B of this regulation may be delegated.