Current through Register Vol. XLI, No. 19, May 10, 2024
Section 31-7-5 - Telehealth practice5.1. Prior to providing medical nutrition therapy or nutrition therapy services via telehealth:5.1.a. The licensed dietitian shall obtain informed consent of the delivery of service via telehealth from the patient/client prior to initiation of medical nutrition therapy or nutrition therapy services via telehealth and maintain documentation of the consent-to-treat process and content in the patient's or client's health records.5.1.b. The licensed dietitian shall verbally verify the identity and location of the patient or client and document in the patient's or client's health records.5.1.c. Telehealth services may only be used to provide medical nutrition therapy or nutrition therapy services to a patient or client who is physically located at an originating site in West Virginia other than the site where the licensed dietitian is located, whether or not in West Virginia.5.2. The licensed dietitian providing medical nutrition therapy or nutrition therapy services via telehealth must:5.2.a. Exercise the same standard of care when providing medical nutrition therapy or nutrition therapy services via telehealth as with any other mode of service delivery;5.2.b. Comply with provisions of W. Va. Code §30-35 et seq., the Medical Nutrition Therapy Practice Act and its Legislative Rules. The failure of a licensed dietitian to comply will be grounds for disciplinary action under W. Va. Code § 30-35-10;5.2.c. Secure and maintain the confidentiality of medical information of the patient/client as required by HIPAA and state and federal law. The nature of the service delivery as being performed through telehealth should be thoroughly documented;5.2.d. The Board will investigate complaints regarding services provided via telehealth in the same manner as it investigates other complaints as set in statue and rule.