Ala. Code § 34-24-701

Current through the 2024 Regular Session.

Section 34-24-701 - Definition

For the purposes of this article, the following terms shall have the following meanings:

(1) ASYNCHRONOUS. The electronic exchange of health care documents, images, and information that does not occur in real time, including, but not limited to, the collection and transmission of medical records, clinical data, or laboratory results.

(2) BOARD OF MEDICAL EXAMINERS. The Alabama Board of Medical Examiners established pursuant to Section 34-24-53.

(3) CONTROLLED SUBSTANCE. The same meaning as defined in Section 20-2-2. This term includes an immediate precursor, as defined in Section 20-2-2.

(4) DIGITAL HEALTH. The delivery of health care services, patient education communications, or public health information via software applications, consumer devices, or other digital media.

(5) DISTANT SITE. The physical location of a physician at the time in which telehealth medical services are provided.

(6) HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA). The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, §264, 110 Stat. 1936.

(7) LEGEND DRUG. Any drug, medicine, chemical, or poison bearing on the label the words, "Caution, federal law prohibits dispensing without prescription" or other similar wording indicating that the drug, medicine, chemical, or poison may be sold or dispensed only upon the prescription of a licensed medical practitioner.

(8) MEDICAL LICENSURE COMMISSION. The Alabama Medical Licensure Commission established pursuant to Section 34-24-310.

(9) MEDICAL SUPPLIES. Non-drug medical items, including durable medical equipment, which may be sold or dispensed only upon the prescription of a licensed medical practitioner.

(10) ORIGINATING SITE. The physical location of a patient at the time in which telehealth medical services are provided.

(11) PHYSICIAN. Either a doctor of medicine who is licensed to practice medicine or a doctor of osteopathy who is licensed to practice osteopathy in a state, commonwealth, district, or territory of the United States.

(12) PRESCRIBER. Any person who possesses an active Alabama controlled substance certificate or a Qualified Alabama Controlled Substances Registration Certificate issued by the Board of Medical Examiners.

(13) SYNCHRONOUS. The real-time exchange of medical information or provision of care between a patient and a physician via audio/visual technologies, audio only technologies, or other means.

(14) TELEHEALTH. The use of electronic and telecommunications technologies, including devices used for digital health, asynchronous and synchronous communications, or other methods, to support a range of medical care and public health services.

(15) TELEHEALTH MEDICAL SERVICES. Digital health, telehealth, telemedicine, and the applicable technologies and devices used in the delivery of telehealth. The term does not include incidental communications between a patient and a physician.

(16) TELEMEDICINE. A form of telehealth referring to the provision of medical services by a physician at a distant site to a patient at an originating site via asynchronous or synchronous communications, or other devices that may adequately facilitate and support the appropriate delivery of care. The term includes digital health, but does not include incidental communications between a patient and a physician.

Ala. Code § 34-24-701 (1975)

Added by Act 2022-302,§ 1, eff. 7/11/2022.