Trending in Telehealth highlights monthly state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care.
Trending in May:
- Teledentistry practice standards
- Establishment of provider-patient relationships through telehealth
- Veterinary telemedicine
A CLOSER LOOK
Proposed legislation and rulemaking:
- The Delaware Board of Veterinary Medicine proposed new requirements for the use of telemedicine in the practice of veterinary medicine. The regulation would require a veterinarian seeking to provide telemedicine services to hold a current and active Delaware license and to have an established veterinarian-client-patient relationship (VCPR). It would allow licensed Delaware or out-of-state veterinarians to provide telemedicine services for general advice, triage and emergency animal care in urgent instances, and provider-to-provider counseling. The regulation would require records of telemedicine care to be kept in accordance with the Delaware Veterinary Practice Act and would clarify that a person providing veterinary services by telemedicine is subject to the professional standard of care that would apply to the provision of the same services in an in-person setting.
- The West Virginia Board of Dentistry proposed to amend an existing rule on teledentistry to remove the definition of “established patient” and details regarding the establishment of such relationship that conflict with the statutory requirements set forth at W. Va. Code §§ 30-4-8b. The regulation would also permit store-and-forward technologies to be used in the performance of teledentistry and would require dentists who deliver teledentistry services to provide health records to the patient or a dentist on record upon patient request within 10 days.
- The Arkansas Psychology Board proposed amendments to its rules, including rules governing the practice of telepsychology, by adding “psychological practitioners” to the types of professionals to whom the standards apply.
- In Louisiana, SB 30 passed both houses and was sent to the governor. If enacted, it would prohibit the Louisiana State Board of Medical Examiners and the Louisiana State Board of Nursing from adopting or enforcing any rule or policy that would prohibit or restrict a licensed healthcare provider from using telehealth to evaluate, diagnose, or treat obesity or provide weight management services as long as the provider conducts a synchronous interaction with the patient and acts within the scope of his or her license and applicable standard of care.
- Also in Louisiana, SB 222 passed both houses and was sent to the governor. The legislation is part of a broader revision of Medicaid behavioral services in the state and would require the Louisiana Department of Health to submit to the Centers for Medicare & Medicaid Services (CMS) no later than October 1, 2026, any necessary state plan amendment, waiver, or other request to authorize reimbursement for psychosocial rehabilitation services delivered via telehealth and to notify the committees on health and welfare within 30 days of the submission to CMS. Notice to the committees would also be required within 30 days if CMS requests additional information or denies [...]
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