W. Va. Code R. § 19-16-6

Current through Register Vol. XLI, No. 21, May 23, 2024
Section 19-16-6 - Establishment of the Practitioner-Patient Relationship
6.1. A practitioner-patient relationship may be established through:
6.1.1. An in-person patient encounter;
6.1.2. Telemedicine technologies which incorporate interactive audio using store and forward technology, real-time videoconferencing, or similar secure video services during the initial provider-patient encounter; or
6.1.3. Audio-only calls or conversations that occur in real time.
6.2. While real-time audio-only communications may be utilized to establish the practitioner-patient relationship, patient communication though audio-visual communication is preferable, if available or possible. Real-time audio-only communications may not be utilized when its use does not conform to the standard of care.
6.3. The practitioner-patient relationship may not be established through text-based communications such as email, internet questionnaires, text-based messaging, or other written forms of communication.
6.4. After a practitioner-patient relationship has been established, a practitioner may utilize any telemedicine technology that meets the standard of care and is appropriate for the patient presentation.
6.5. This rule does not prohibit the use of text-based communications for:
6.5.1. Responding to a call for existing patients;
6.5.2. Providing cross coverage for a practitioner who has established a practitioner-patient relationship with the patient through an in-person encounter; or
6.5.3. Providing assistance in the event of an emergency.

W. Va. Code R. § 19-16-6