Current through Register Vol. XLI, No. 49, December 6, 2024
Section 11-15-3 - Telehealth Practice Requirements3.1. The practice of medicine and podiatric medicine occurs where the patient is located at the time health services, including telehealth services, are provided.3.2. A health care practitioner may not provide telehealth services to patients in West Virginia unless the practitioner is:3.2.1. Licensed by the Board; or3.2.2. Registered with the Board pursuant to this rule or pursuant to 11 CSR 14 during a declared state of emergency.3.3. A licensee of the Board may, within the practitioner's scope of practice, provide telehealth services to patients located at an originating site in West Virginia from any distant site, in accord with the provisions of W. Va. Code § 30-3-13a and this rule.3.4. A health care practitioner who is not licensed in West Virginia may provide interstate telehealth services to patients located at an originating site in West Virginia, within the practitioner's scope of practice, if the practitioner holds an interstate telehealth registration issued by the Board or pursuant to 11 CSR 14 during a declared state of emergency.3.5. An interstate telehealth registration does not authorize a health care practitioner: 3.5.1. To practice from a physical location or distant site within this state; or3.5.2. To provide telehealth services to patients in this state from an international location or distant site.3.6. A physician assistant telehealth provider may provide telehealth services within the physician assistant scope of practice in collaboration with physicians, in conformity with the practice requirements of W. Va. Code § 30-3E-1et seq. and 11 CSR 1B.3.7. Nothing in this section shall prohibit a West Virginia educational permit holder from providing telehealth services in conformity with the guidelines, requirements, and supervision of the physician's graduate medical education training program.3.8. The requirement to hold a license or interstate telehealth registration to provide telehealth services does not apply to:3.8.1. A health care practitioner furnishing medical assistance in case of an emergency or disaster, if no charge is made for the medical assistance; or3.8.2. An informal consultation or second opinion, at the request of a licensee. Provided, That the physician or podiatric physician requesting the opinion retains authority and responsibility for the patient's care.