W. Va. Code § 30-1-25

Current through 2024 First Special Session
Section 30-1-25 - Telehealth practice
(a) For the purposes of this section:

"Health care practitioner" means a person licensed under §30-1-1 et seq. who provides health care services.

"Telehealth services" means the use of synchronous or asynchronous telecommunications technology by a health care practitioner to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include audio-only telephone calls, e-mail messages, or facsimile transmissions.

(b) Unless already provided for by statute or legislative rule, a health care board, referred to in this chapter, shall propose a rule for legislative approval in accordance with the provisions of §29A-3-1 et seq. to regulate telehealth practice by a telehealth practitioner. The proposed rule shall consist of the following:
(1) The practice of the health care service occurs where the patient is located at the time the telehealth technologies are used;
(2) The health care practitioner who practices telehealth must be licensed as provided in this chapter;
(3) When the health care practitioner patient relationship is established;
(4) The standard of care;
(5) A prohibition of prescribing schedule II drugs, unless authorized by another section; and
(6) Implement the provisions of this section while ensuring competency, protecting the citizens of this state from harm, and addressing issues specific to each profession.

W. Va. Code § 30-1-25

Added by 2020 Acts, ch. 190 (HB 4003), eff. 6/5/2020.