Licensure. Subject to the provisions of Health Occupations Article, Title 17, Subtitle 6A, Annotated Code of Maryland, in order to practice telehealth a telehealth practitioner shall be licensed in Maryland when providing telehealth services to a client located in the State. Standards of Practice. Before providing telehealth services, a telehealth practitioner shall develop and follow a procedure to: Verify the identification of the client through the use of: A government-issued photograph identification; An insurance, Medicaid, or Medicare card; or Documentation of the client’s date of birth and home address; For an initial client-telehealth practitioner encounter, disclose the telehealth practitioner’s: Name; Maryland license number; and Contact information; Obtain oral or written informed consent from a client or a client’s parent or guardian if State law requires the consent of a parent or guardian, including informing clients of potential risks and benefits of telehealth services to be performed; Securely collect and transmit a client’s clinical data and self-reported medical history, as necessary, and prevent access to data by unauthorized persons through encryption or other means; Notify clients in the event of a data breach; Ensure that the telehealth practitioner provides a secure and private communication modality and complies with federal and state privacy laws; and Establish safety protocols to be used in the case of an emergency, including contact information for emergency services at the client’s location. Except when providing asynchronous telehealth services, a telehealth practitioner shall: Obtain or confirm an alternative method of contacting the client in case of a technological failure; Confirm whether the client is in Maryland and identify the client’s specific location; and Identify all individuals present at each location and confirm they are permitted to hear the client’s health information. A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable for in-person sessions. Client Evaluation. A telehealth practitioner shall: Perform a synchronous or asynchronous client evaluation that is appropriate for the client and the condition with which the client presents before providing services through telehealth; and If clinically appropriate for the client, provide or refer a client to: In-person treatment; or Another type of telehealth service. A telehealth practitioner may not treat a client based solely on an online questionnaire. Telehealth Practitioner Discipline. The Board shall use the same standards in evaluating and investigating a complaint and disciplining a telehealth practitioner who practices telehealth as it would use for a telehealth practitioner who does not use telehealth technology. The failure of a telehealth practitioner to comply with this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board.