# 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 .05 Patient Evaluation.

*COMAR 10.41.06.05*

A. Except when providing asynchronous telehealth services or remote patient monitoring, a telehealth practitioner shall:

  (1) Perform a clinical patient evaluation adequate to establish a diagnosis and identify underlying conditions or contraindications to recommended treatment options before providing treatment or services through telehealth; and

  (2) If clinically appropriate for the patient, provide or refer a patient to:

    (a) In-person health care services; or

    (b) Another type of telehealth service.

B. If the evaluation is adequate to comply with §A of this regulation, a telehealth practitioner may use:

  (1) Telehealth devices;

  (2) Live synchronous audio-visual communication;

  (3) Other methods of performing a patient examination remotely; or

  (4) A patient evaluation performed by another licensed health care practitioner providing coverage.

C. A telehealth practitioner shall comply with all applicable laws and regulations governing referrals, testing, and evaluation of patients including, but not limited to, the requirements of:

  (1) COMAR 10.41.08; and

  (2) Health Occupations Article, §2-314.1, Annotated Code of Maryland.

D. A telehealth practitioner may not treat a patient based solely on an online questionnaire.