Consent Requirements
A patient’s informed consent for the use of virtual care shall be obtained as required by any applicable law.
In addition to the requirements of Section 54-5708, Idaho Code, evidence documenting appropriate patient informed consent for the use of telehealth technologies must be obtained and maintained at regular intervals consistent with the community standard of care. Appropriate informed consent should, at a minimum, include the following terms:
- Verification – Identification of the patient, the provider and the provider’s credentials.
- Telehealth Determination – Agreement of the patient that the provider will determine whether or not the condition being diagnosed and/or treated is appropriate for telehealth services.
- Security Measures Information – Information on the security measures taken with the use of telehealth technologies, such as encrypting data, password protected screen savers and data files, or utilizing other reliable authentication techniques, as well as potential risks to privacy and notwithstanding such measures.
- Potential Information Loss – Disclosure that the information may be lost due to technical failures.
Additonally, the provider should obtain appropriate consents from the patient after disclosures regarding the delivery models and treatment methods or limitations, including a special informed consent regarding the use of telehealth technologies.
SOURCE: ID Code Sec. 54-5708 & ID Admin Code 24.33.03 (205). (Accessed Mar 2026).
Telepsychology
Telehealth providers will, upon initial contact with the service recipient except in an emergency, prior to providing telepsychology services, obtain the written, informed consent of the service recipient(s), consistent with accepted professional and legal requirements concerning:
- Limitations and challenges of using information technology to provide telepsycholoogy services;
- Potential for breaches in confidentiality of information while delivering telepsychology services;
- Risks of sudden and unpredictable disruption of telepsychology services and the alternative means by which communication may be re-established.
Telehealth providers will, upon initial and subsequent contact with the service recipient:
- Make reasonable efforts to verify the identity of the service recipient;
- Provide to the service recipient alternative means of contacting the telehealth provider should communications be disrupted during the provision of services.
- Discuss who, in addition to the provider and the service recipient, may have access to the content of telecommunications between the provider and service recipient;
- Inform the service recipient of when and how the provider will respond to electronic messages;
- Ensure that a written agreement has been executed with service recipient(s) concerning compensation, billing, and payment arrangements.
SOURCE: ID Admin Code 24.12.01 (601(03)). (Accessed Mar. 2026).