Section Idaho State Legislature

Similar documents
Telemedicine. Important Information. Telemedicine 5/6/2016. Lauren Prew

19/09/2017. Telehealth Legal and Regulatory Issues in Colorado and Beyond. Nathaniel Lacktman, October 2017

AN ACT authorizing the provision of health care services through telemedicine and telehealth, and supplementing various parts of the statutory law.

TELEMEDICINE LAWS AND RECENT LEGISLATION IN NEARBY STATES

TELEMEDICINE/TELEHEALTH SERVICES/ VIRTUAL VISITS

H 7608 S T A T E O F R H O D E I S L A N D

STATE TELEHEALTH POLICY TRENDS. Legislative Summit 2016 Kate Blackman, Policy Specialist, NCSL

ADMINISTRATIVE CODE CHAPTER 630-X-13 PRACTICE OF OPTOMETRY THROUGH TELEMEDICINE TABLE OF CONTENTS

[Enter Organization Logo] USE AND DISCLOSURE OF MENTAL HEALTH RECORDS. Policy Number: [Enter] Effective Date: [Enter]

I. LIVE INTERACTIVE TELEDERMATOLOGY

Corporate Reimbursement Policy Telehealth

Telehealth. Administrative Process. Coverage. Indications that are covered

Account Management, Coding, Customer Service, Legal, Medical Management, Finance, Claims, Underwriting, Network Management

"Saving Employers Money in Work Comp" August 17, 2017

Telehealth and Nutrition Law and Regulations Holistic Nutrition Coalition

20 CSR Collaborative Practice PURPOSE: In accordance with section , RSMo, this rule defines collaborative practice arrangement

ASSEMBLY BILL No. 214

MARYLAND MEDICAID TELEHEALTH PROGRAM Telehealth Provider Manual

HIPAA Privacy Rule and Sharing Information Related to Mental Health

DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS (Medical Power of Attorney) I,, born, designate

What is Telemedicine and How is It Being Used?

TELECOMMUNICATION SERVICES CSHCN SERVICES PROGRAM PROVIDER MANUAL

H 7297 S T A T E O F R H O D E I S L A N D

Pharmacy Law Update for Pharmacists & Technicians October 1, 2017 Greg Baran, B.S., Pharm., M.A.

California Statutes Pertaining to Childcare First Aid/CPR and Preventive Health Training Effective January 1, 2003

Proposed Regulations NEW YORK STATE DEPARTMENT OF HEALTH Return to Public Health Forum

Medicaid Program Administrator: Bureau for Medical Services, under the West Virginia Dept. of Health and Human Resources

Telehealth Legal and Compliance Issues. Nathaniel Lacktman, Anna Whites, Esq.

MEDICAL POLICY No R2 TELEMEDICINE

Quick Reference Site-Specific Prescriptive Delegation Statute & Rule 5/22/2010

State of Minnesota HOUSE OF REPRESENTATIVES EIGHTY-EIGHTH SESSION

General and Informed Consent to Treatment

DIVISION OF HEALTHCARE FINANCING CMS 1500 ICD-10. October 1, 2017

ATTENTION PROVIDERS. This bulletin does not supersede any provider enrollment requirements

Telemedicine Guidance

Keeping Your Compliance Program in Pace with Rapidly Expanding TeleHealth Services

NEW STANDARD OF PRACTICE PRESCRIBING

HIV, HBV, and HCV prevention program; purpose and scope.

Telemedicine Credentialing and Privileging

Legal Issues You Should Know April 25, 2018 In-House Counsel Conference

Condition: MAJOR DEPRESSION, RECURRENT; MAJOR DEPRESSION, SINGLE EPISODE, SEVERE ICD-9: , ,298.0

Release of Medical Records in Ohio OHIMA. Ohio Revised Code (ORC) HIPAA

ASSEMBLY, No STATE OF NEW JERSEY. 214th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

Chapter 7 Section 22.1

Legal Issues in Managing Opioid Abuse. Gwen Dayton, JD

Idaho State Legislature

Department of Defense INSTRUCTION

Telemedicine and Telehealth Services

Telehealth/Telemedicine Online Visit

Mid-Atlantic Legislative/Regulatory June 2018 Update

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL AN ACT

~ Idaho. Durable Power of Attorney for Health Care Christian Version NOTICE TO PERSON MAKING THIS DOCUMENT

Texas Medicaid. Provider Procedures Manual. Provider Handbooks. Telecommunication Services Handbook

Telehealth 101. Telehealth Summit May 24, 2018

Legal 2000 The Nevada Process of Civil Commitment

Center for Health and Technology Telehealth Education Program. Executive Overview

Oklahoma Health Care Authority. Telemedicine

SENATE, No STATE OF NEW JERSEY. 215th LEGISLATURE INTRODUCED NOVEMBER 29, 2012

Mental Health Commission Rules

MEDICAL COUNCIL OF NEW ZEALAND

Telehealth Reimbursement Policy in

PURDUE UNIVERSITY WEST LAFAYETTE, INDIANA SCHOOL OF NURSING STUDENT DRUG TESTING POLICY PRIOR TO PARTICIPATION IN CLINICAL ACTIVITIES

SENATE, No. 137 STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

AN ACT. SECTION 1. Title 4, Civil Practice and Remedies Code, is amended by CHAPTER 74A. LIMITATION OF LIABILITY RELATING TO HEALTH INFORMATION

Clarifying HIPAA Privacy Rules for Mental Health and Addiction Crises. National Council for Behavioral Health March 19, 2018

SAMPLE CARE COORDINATION AGREEMENT

Southwest Idaho Ear, Nose and Throat, P.A. Notice of Privacy Practices

Chapter 5 CIVIL DEFENSE*

PRESCRIPTION MONITORING PROGRAM STATE PROFILES MASSACHUSETTS

BON RULE CHANGES. Rule 213. Practice & Procedure Corrective Action Deferred Action K-STAR (New Rule)

Discharge Planning for Patients Hospitalized for Mental Health Treatment Interpretative Guidelines for Oregon Hospitals

SENATE, No STATE OF NEW JERSEY. 211th LEGISLATURE INTRODUCED FEBRUARY 23, SYNOPSIS Expands duties performed by advanced practice nurses.

Medical Records Chapter (1) The documentation of each patient encounter should include:

I. Preamble: II. Parties:

Idaho: Advance Directive

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY HUTCHINSON, SCARNATI, FONTANA, LANGERHOLC, VULAKOVICH AND YUDICHAK, JANUARY 12, 2017

JOINT NOTICE OF PRIVACY PRACTICES

EXECUTIVE ORDER

COMMONWEALTH OF PENNSYLVANIA * DEPARTMENT OF PUBLIC WELFARE ISSUE DAT E: DRAFT

Alert. Changes to Licensed Scope of Practice of Physician s Assistants in Michigan. msms.org. Participating Physician. Practice Agreement

9/21/2017. Telemedicine vs. Telehealth. Telemedicine vs. Telehealth. Telemedicine vs. Telehealth. Time is Money. Disruptive Technology

Maryland. Center for Connected Health Policy. Medicaid Program: MD Medical Assistance Program. Program Administrator: MD Dept. of Social Services

Paragon Infusion Centers Patient Information

FAMILY PHARMACEUTICAL SERVICES NOTICE OF PRIVACY PRACTICES effective 9/23/2013

Telemedicine: Protecting Patients, Expanding Access

Medical Aid in Dying (MAID) Update July 14, 2016

- The psychiatric nurse visits such patients one to three times per week.

RULES FOR STUDENT POSSESSION AND ADMINISTRATION OF ASTHMA, ALLERGY AND ANAPHYLAXIS MANAGEMENT MEDICATIONS OR OTHER PRESCRIPTION MEDICATIONS

MEDICAL POLICY No R1 TELEMEDICINE

Ch. 55 NONCARRIER RATES AND PRACTICES CHAPTER 55. NONCARRIER RATES AND PRACTICES

WHEREAS, School engages in organized interscholastic sporting events in which School's students participate;

Lou Eckart, Ph.D. and Associates Licensed Clinical Psychologists 22 Mill St. Suite 305 Arlington, MA

ASSEMBLY, No STATE OF NEW JERSEY. 211th LEGISLATURE INTRODUCED MAY 10, SYNOPSIS Expands duties performed by advanced practice nurses.

*3ADV* Patient Rights & Responsibilities Advanced Directive Page 1 of 2. Patient Rights & Responsibilities. Patient Label

Mental Holds In Idaho

SENATE, No. 801 STATE OF NEW JERSEY. 216th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

INFORMED CONSENT FOR TREATMENT

Health Information Exchange: Substance Abuse Patient Records March 3, 2016

Telemedicine. Provided by Clark & Associates of Nevada, Inc.

Provider Treatment Record Audit Tool

Transcription:

Section 54-5701 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5701/ Section 54-5701 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5701/ 54-5701. short title. This chapter shall be known and may be cited as the "Idaho Telehealth Access Act." [(54-5701) 54-5601, added 2015, ch. 121, sec. 1, p. 308; am. and redesig. 2016, ch. 47, sec. 26, p. 121.]

Section 54-5702 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5702/ Section 54-5702 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5702/ 54-5702. legislative findings. The legislature hereby finds the following: (1) Telehealth services enhance access to health care, make delivery of health care more cost-effective and distribute limited health care provider resources more efficiently. (2) Citizens with limited access to traditional health care may be diagnosed and treated sooner through telehealth services than they would be otherwise, resulting in improved health outcomes and less costly treatments due to early detection and prevention. (3) Telehealth services address an unmet need for health care by persons who have limited access to such care due to provider shortages or geographic barriers. (4) Telehealth services provide increased capacity for appropriate care in the appropriate location at the appropriate time to better serve patients, providers and communities. (5) When practiced safely, telehealth services result in improvement in health outcomes by expanding health care access for the people of Idaho. [(54-5702) 54-5602, added 2015, ch. 121, sec. 1, p. 308; am. and redesig. 2016, ch. 47, sec. 27, p. 121.]

Section 54-5703 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5703/ Section 54-5703 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5703/ 54-5703. DEFINITIONS. As used in this chapter: (1) "Asynchronous store and forward transfer" means the transmission of a patient s health care information from an originating site to a provider at a distant site over a secure connection that complies with state and federal security and privacy laws. (2) "Distant site" means the site at which a provider delivering telehealth services is located at the time the service is provided. (3) "Originating site" means the location of a patient at the time telehealth services are provided. (4) "Provider" means a person who is licensed, required to be licensed, or, if located outside of Idaho, would be required to be licensed if located in Idaho, pursuant to title 54, Idaho Code, to deliver health care consistent with his or her license. (5) "Synchronous interaction" means real-time communication through interactive technology that enables a provider and a patient at two (2) locations separated by distance to interact simultaneously through two-way video and audio or audio transmission. (6) "Telehealth services" means health care services provided by a provider to a person through the use of electronic communications, information technology, asynchronous store and forward transfer or synchronous interaction between a provider at a distant site and a patient at an originating site. Such services include, but are not limited to, clinical care, health education, home health and facilitation of self-managed care and caregiver support. [(54-5703) 54-5603, added 2015, ch. 121, sec. 1, p. 308; am. and redesig. 2016, ch. 47, sec. 28, p. 122.]

Section 54-5704 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5704/ Section 54-5704 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5704/ 54-5704. SCOPE OF PRACTICE. A provider offering telehealth services must at all times act within the scope of the provider s license and according to all applicable laws and rules, including, but not limited to, this chapter and the community standard of care. [(54-5704) 54-5604, added 2015, ch. 121, sec. 1, p. 308; am. and redesig. 2016, ch. 47, sec. 29, p. 122.]

Section 54-5705 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5705/ Section 54-5705 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5705/ 54-5705. PROVIDER-PATIENT RELATIONSHIP. (1) If a provider offering telehealth services in his or her practice does not have an established provider-patient relationship with a person seeking such services, the provider shall take appropriate steps to establish a provider-patient relationship by use of two-way audio and visual interaction; provided however, that the applicable Idaho community standard of care must be satisfied. Nothing in this section shall prohibit electronic communications: (a) Between a provider and a patient with a preexisting provider-patient relationship; (b) Between a provider and another provider concerning a patient with whom the other provider has a provider-patient relationship; (c) Between a provider and a patient where the provider is taking call on behalf of another provider in the same community who has a provider-patient relationship with the patient; or (d) In an emergency. (2) As used in this section, "emergency" means a situation in which there is an occurrence that poses an imminent threat of a life-threatening condition or severe bodily harm. [(54-5705) 54-5605, added 2015, ch. 121, sec. 1, p. 308; am. and redesig. 2016, ch. 47, sec. 30, p. 122.]

Section 54-5706 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5706/ Section 54-5706 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5706/ 54-5706. evaluation and treatment. Prior to providing treatment, including a prescription drug order, a provider shall obtain and document a patient s relevant clinical history and current symptoms to establish the diagnosis and identify underlying conditions and contraindications to the treatment recommended. Treatment recommendations provided through telehealth services shall be held to the applicable Idaho community standard of care that applies in an in-person setting. Treatment based solely on an online questionnaire does not constitute an acceptable standard of care. [(54-5706) 54-5606, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 31, p. 123.]

Section 54-5707 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5707/ Section 54-5707 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5707/ 54-5707. prescriptions. (1) A provider with an established provider-patient relationship, including a relationship established pursuant to section 54-5705, Idaho Code, may issue prescription drug orders using telehealth services within the scope of the provider s license and according to any applicable laws, rules and regulations, including the Idaho community standard of care; provided however, that the prescription drug shall not be a controlled substance unless prescribed in compliance with 21 U.S.C. section 802(54) (A). (2) Nothing in this chapter shall be construed to expand the prescriptive authority of any provider beyond what is authorized by the provider s licensing board. (3) No drug may be prescribed through telehealth services for the purpose of causing an abortion. [(54-5707) 54-5607, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 32, p. 123.]

Section 54-5708 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5708/ Section 54-5708 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5708/ 54-5708. INFORMED CONSENT. A patient s informed consent for the use of telehealth services shall be obtained as required by any applicable law. [(54-5708) 54-5608, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 33, p. 123.]

Section 54-5709 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5709/ Section 54-5709 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5709/ 54-5709. CONTINUITY OF CARE. A provider of telehealth services shall be available for follow-up care or to provide information to patients who make use of such services. [(54-5709) 54-5609, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 34, p. 123.]

Section 54-5710 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5710/ Section 54-5710 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5710/ 54-5710. referral to other services. A provider shall be familiar with and have access to available medical resources, including emergency resources near the patient s location, in order to make appropriate patient referrals when medically indicated. [(54-5710) 54-5610, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 35, p. 123.]

Section 54-5711 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5711/ Section 54-5711 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5711/ 54-5711. medical records. Any provider offering telehealth services as part of his or her practice shall generate and maintain medical records for each patient using such telehealth services in compliance with any applicable state and federal laws, rules and regulations, including the health insurance portability and accountability act (HIPAA), P.L. 104-191 (1996), and the health information technology for economic and clinical health act (HITECH), P.L. 111-115 (2009). Such records shall be accessible to other providers and to the patient in accordance with applicable laws, rules and regulations. [(54-5711) 54-5611, added 2015, ch. 121, sec. 1, p. 309; am. and redesig. 2016, ch. 47, sec. 36, p. 124.]

Section 54-5712 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5712/ Section 54-5712 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5712/ 54-5712. enforcement and discipline. A provider is prohibited from offering telehealth services in his or her practice if the provider is not in full compliance with applicable laws, rules and regulations, including this act and the Idaho community standard of care. State licensing boards shall be authorized to enforce the provisions of this chapter relating to the practice of individuals they license. A provider who fails to comply with applicable laws, rules and regulations is subject to discipline by his or her licensing board. [(54-5712) 54-5612, added 2015, ch. 121, sec. 1, p. 310; am. and redesig. 2016, ch. 47, sec. 37, p. 124.]

Section 54-5713 Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/title54/t54ch57/sect54-5713/ Section 54-5713 Idaho State Legislature legislature.idaho.gov /statutesrules/idstat/title54/t54ch57/sect54-5713/ 54-5713. rulemaking. Any board authorized by title 54, Idaho Code, to license providers may promulgate rules relating to telehealth services pursuant to this chapter and consistent with the provisions contained herein. [(54-5713) 54-5613, added 2015, ch. 121, sec. 1, p. 310; am. and redesig. 2016, ch. 47, sec. 38, p. 124.]