Current through Register Vol. XLI, No. 25, June 21, 2024
Section 24-10-3 - Telehealth Practice Requirements3.1. The practice of 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;3.2.2. Registered with the Board pursuant to this rule; or3.2.3. Authorized by the Board to practice under an emergency temporary permit pursuant to 24 CSR 9 during a declared state of emergency or state of preparedness.3.3. Licensees 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 accordance with the provisions of W. Va. Code § 30-14-12d 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 or an emergency temporary permit issued by the Board pursuant to 24 CSR 9.3.5. 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. Physician assistant telehealth providers 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 24 CSR 2.3.7. Nothing in this section shall prohibit an 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 requesting the opinion retains authority and responsibility for the patient's care.