Md. Code Regs. 10.58.16.13

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.58.16.13 - Telehealth

A. 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.

B. Standards of Practice.

(1) Before providing telehealth services, a telehealth practitioner shall develop and follow a procedure to:

(a) Verify the identification of the client through the use of:

(i) A government-issued photograph identification;

(ii) An insurance, Medicaid, or Medicare card; or

(iii) Documentation of the client's date of birth and home address;

(b) For an initial client-telehealth practitioner encounter, disclose the telehealth practitioner's:

(i) Name;

(ii) Maryland license number; and

(iii) Contact information;

(c) 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;

(d) 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;

(e) Notify clients in the event of a data breach;

(f) Ensure that the telehealth practitioner provides a secure and private communication modality and complies with federal and state privacy laws; and

(g) Establish safety protocols to be used in the case of an emergency, including contact information for emergency services at the client's location.

(2) Except when providing asynchronous telehealth services, a telehealth practitioner shall:

(a) Obtain or confirm an alternative method of contacting the client in case of a technological failure;

(b) Confirm whether the client is in Maryland and identify the client's specific location; and

(c) Identify all individuals present at each location and confirm they are permitted to hear the client's health information.

(3) A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable for in-person sessions.

C. Client Evaluation.

(1) A telehealth practitioner shall:

(a) 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

(b) If clinically appropriate for the client, provide or refer a client to:

(i) In-person treatment; or

(ii) Another type of telehealth service.

(2) A telehealth practitioner may not treat a client based solely on an online questionnaire.

D. Telehealth Practitioner Discipline.

(1) 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.

(2) 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.

Md. Code Regs. 10.58.16.13

Regulation .13 adopted effective 44:10 Md. R. 473, eff. 5/22/2017; amended effective 50:18 Md. R. 798, eff. 9/18/2023