Consent Requirements

Practice of Medicine

The provider using any form of telemedicine, as defined in R.5.1, should obtain the patient’s informed consent before providing care via telemedicine technology. In addition to information relative to treatment, the patient should be informed of the risk and benefits of being treated via a telemedicine network including how to receive follow-up care or assistance in the event of an adverse reaction to treatment or if there is a telemedicine equipment failure.

SOURCE: MS Admin. Code Title 30, Part 2635, Rule 5.3. (Accessed Apr. 2025).

Optometry

The optometrist using telehealth to deliver optometric services or who practices tele-optometric treatment, upon initial contact with the patient shall: …

Obtain written, informed consent from the patient or other appropriate person with authority to make optometric/ health care treatment decisions for the patient before services are provided through telehealth.

SOURCE: MS Rules and Regulations, Title 30 Part 2901 Chapters 1-11.5, (Accessed Apr. 2025).

Occupational Therapy

The occupational therapist/occupational therapy assistant using telehealth to deliver occupational therapy services or who practices telehealth services, upon an initial contact with the patient shall:

• Verify the identity of the patient prior to each session;
• Obtain alternative means of contacting the patient;
• Arrange for the patient to have alternative means of contacting the occupational therapist or occupational therapy assistant;
• Provide contact methods of alternative communication the occupational therapist or occupational therapy assistant shall use for emergency purposes;
• Use personal identifying information only in secure communications;
• Obtain written, informed consent from the patient or other appropriate person with authority to make health care treatment decisions for the patient before services are provided through telehealth

SOURCE: Title 15, Part 19, Subpart 60, Rule 8.1.5 (Accessed Apr. 2025).

Physical Therapy

Patient Identity and Communication. The physical therapist/physical therapist assistant using telehealth to deliver physical therapy services or who practices tele-physical therapy, upon an initial contact with the patient shall:

• Verify the identity of the patient prior to each session;
• Obtain alternative means of contacting the patient;
• Arrange for the patient to have alternative means of contacting the physical therapist or physical therapy assistant;
• Provide contact methods of alternative communication the physical therapist or physical therapy assistant shall use for emergency purposes;
• Use personal identifying information only in secure communications; and
• Obtain written, informed consent from the patient or other appropriate person with authority to make health care treatment decisions for the patient before services are provided through telehealth.

Informed Consent. The informed consent shall, minimally, inform the patient and document acknowledgement of the risk and limitations and potential benefits associated with:

• The use of electronic communications in the provision of physical therapy;
• The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of physical therapy; and
• The potential disruption of electronic communication in the use of telehealth;
• Video-taping and recording of treatment session.

SOURCE: Title 30, Part 3103, Rule 3.2, (Accessed Apr. 2025).