# COMAR Title 10 — Maryland Department of Health

## Subtitle 41 — Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists

### Chapter 06 — Telehealth Communication

#### Regulation .04 Standards of Practice for Telehealth.

*COMAR 10.41.06.04*

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.