Current through Register Vol. XLI, No. 25, June 21, 2024
Section 11-15-7 - Standard of Care, Delivery of Telehealth Services and Medical Records7.1. A telehealth provider has the duty to practice in a manner consistent with:7.1.1. The provider's scope of practice;7.1.2. The professional conduct standards established in this state for the provider's profession; and7.1.3. The standard of care applicable to the provider's practice.7.2. The standard of care for the provision of health care services is the same for health care services provided in-person and health care services provided via telemedicine technologies.7.3. A telehealth provider's selection of telemedicine technologies for a patient encounter must permit the provider to meet the standard of care for the patient's particular health issue and presentation. Treatment, including issuing a prescription, based solely on an online questionnaire, does not conform to the standard of care.7.4. Nothing in this rule requires a practitioner to use telemedicine technologies to treat a patient if the practitioner, in his or her discretion determines that an in-person encounter is required.7.5. With the exception of the practice of pathology and radiology, a telehealth provider shall:7.5.1. Verify the identify and location of the patient;7.5.2. Provide the patient with confirmation of the identity and professional qualifications of the telehealth provider;7.5.3. Provide the patient with the physical location and contact information for the telehealth provider;7.5.4. Establish or maintain a provider-patient relationship that conforms to the scope of practice, professional conduct standards, and standard of care;7.5.5. Determine whether telemedicine technologies are appropriate for the patient's presentation of a specific health issue;7.5.6. Obtain the patient's consent to receive telehealth services;7.5.7. Conduct all appropriate evaluations and history of the patient consistent with the standard of care for in-person treatment of the patient's health condition; and7.5.8. Create and maintain health care records for the patient which justify the course of treatment, and which verify compliance with the requirements of this section.7.6. It is the standard of care in this state for health care practitioners to complete an appropriate controlled substance prescribing course prior to prescribing controlled substances to patients located in West Virginia. The Board maintains a list of Board-approved courses in drug diversion training and best practice prescribing controlled substances training on its website. Registrants may comply with the standard of care by completing a Board-approved course or a controlled substance continuing education course required by the registrant's state of licensure.7.7. A telehealth provider shall maintain a patient medical record for each patient for whom telehealth services are provided. The patient record shall be accessible to the provider and the patient and maintained consistent with the laws and legislative rules governing patient health care records. All laws governing the confidentiality of health care information and governing patient access to medical records shall apply to records of telehealth encounters.7.8. A telehealth provider solely providing services using telemedicine technologies shall make a patient's medical record easily available to the patient, and subject to the patient's consent, to any identified care provider of the patient.7.9. Upon request of the Board, a telehealth provider shall provide the Board with the identify of, and address for, the custodian of records of any company, service, platform or entity through which the telehealth provider practices to patients at originating sites in West Virginia.