24 Del. Admin. Code § 2100-5.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 2100-5.0 - Telehealth5.1 Telehealth is the use of electronic communications to provide and deliver a host of health-related information and health-care services, including optometry-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of interventions.5.2 The Optometrist or Optometry Intern (referred to as "licensee" for the purpose of this regulation) who provides treatment through telehealth shall meet the following requirements: 5.2.1 Location of patient during treatment through telehealth 5.2.1.1 In order to practice telehealth in Delaware, optometrists must have an active Delaware license in good standing or have obtained an interstate telehealth registration in compliance with Title 24, Ch. 60.5.2.1.2 Optometrists understand that this rule does not provide them with authority to practice telehealth in service to clients located in any jurisdiction other than Delaware, and they must comply with laws, rules, or policies for the practice of telehealth set forth by other jurisdictional boards of optometry.5.2.1.3 Optometrists practicing telehealth shall comply with all of these rules of professional conduct and with requirements incurred in state and federal statutes relevant to the practice of optometry.5.2.2 Informed consent 5.2.2.1 Before services are provided through telehealth, the optometrist shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient. At minimum, the informed consent shall inform the patient and document acknowledgment of the risk and limitations of:5.2.2.1.1 The use of electronic communications in the provision of care;5.2.2.1.2 The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and5.2.2.1.3 The potential disruption of electronic communication in the use of telehealth.5.2.3 Confidentiality: The optometrist shall ensure that the electronic communication is secure to maintain confidentiality of the patient's medical information as required by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable federal and state laws. Confidentiality shall be maintained through appropriate processes, practices and technology, including disposal of electronic equipment and data.5.2.4 Competence and scope of practice 5.2.4.1 The optometrist shall be responsible for determining and documenting that telehealth is an appropriate level of care for the patient.5.2.4.2 The optometrist shall comply with the Board's law and rules and regulations and all current standards of care requirements applicable to on-site care.5.2.4.3 The optometrist shall limit the practice of telehealth to the area of competence in which proficiency has been gained through education, training, and experience.5.2.4.4 All initial evaluations shall be performed face to face and not through telehealth or internet unless another Delaware-licensed optometrist or ophthalmologist is present at the originating site with the patient at the time of the diagnosis, or the provider meets the standard of service required by applicable professional societies in guidelines developed for establishing a health-care provider-patient relationship as part of an evidenced-based clinical practice in telemedicine.5.2.4.5 The optometrist shall document in the file or record which services were provided by telehealth.24 Del. Admin. Code § 2100-5.0
27 DE Reg. 620 (2/1/2024) (Final)