Should the patient agree to the use of telemedicine services, the physician shall obtain the oral and written informed consent of the patient before the services are rendered. The procedure to obtain the informed consent must guarantee, at least, that the patient has been informed orally and in writing, of the following:
(a) The patient retains the option of withholding or withdrawing his/her consent at any time without impairing his/her right to receive any other kind of medical attention or care.
(b) A description of the potential risks, consequences and benefits of telemedicine.
(c) Applicable safeguards to patient confidentiality.
(d) Rights of the patient to the transmitted information and to obtain a copy thereof by paying a reasonable amount.
The patient shall sign a written statement before use of telemedicine services is made, indicating that he/she understands and has discussed its use with his/her physician.
This written consent of the patient shall be made a part of his/her medical record.
In the event that the patient is under legal age or [is] a person legally found to be mentally incompetent, this section shall apply to his/her custodian or legal representative.
History —Aug. 11, 1998, No. 227, § 8, eff. 60 days after Aug. 11, 1998.