Oklahoma

CURRENT STATE LAWS & POLICY

AT A GLANCE

Medicaid Program

SoonerCare

Administrator

Oklahoma Health Care Authority

Regional Telehealth Resource Center

Heartland Telehealth Resource Center

Medicaid Reimbursement

Live Video: Yes
Store-and-Forward: No
Remote Patient Monitoring: Yes

Private Payer Law

Law Exists: Yes
Payment Parity: Yes (beginning in 2022)

Professional Requirements

Licensure Compacts: IMLC, PTC, eNLC, PSY, ASLP-IC
Consent Requirements: Yes

Last updated 06/29/2021

Audio-Only Delivery

Medicaid: Provider Updates (many telehealth related)

STATUS: Active, until end of national/state emergency. OK State of Emergency has ended but national has not.

Medicaid: WebAlerts SoonerCare Members

STATUS: Indicates telehealth allowances ended Apr. 30, 2021.

Medicaid: Expanded telehealth and telephonic services

STATUS: Mentions PHE extension to Apr. 30, 2021 but no mention of further extensions. May have expired.

Medicaid 1915(c) Waiver: Appendix K – Community Waiver; Homeward Bound Waiver

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Medicaid 1915(c) Waiver: Appendix K Addendum – Community Waiver; Homeward Bound Waiver

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Medicaid 1915(c) Waiver: Appendix K Addendum – Community Waiver; Homeward Bound Waiver; In Home Supports Waiver for Adults

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Medicaid 1915(c) Waiver: Appendix K – In Home Supports Waiver for Children

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Medicaid 1915(c) Waiver: Appendix K Addendum – Community Waiver; Homeward Bound Waiver; In Home Supports Waiver for Adults; In Home Supports Waiver for Children

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Last updated 06/29/2021

Cross State Licensing

No Reference Found

Last updated 06/29/2021

Easing Prescribing Requirements

Executive Order: Occupational Licenses and Patient-Provider Relationship (Fifth Amended 2020-20)

STATUS: Expired.

Last updated 06/29/2021

Miscellaneous

Medicaid: Telehealth Expansion Extended

STATUS: Expired April 30, 2021

Medicaid 1915(c) Waiver: Appendix K – In Home Supports Waiver for Adults

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Medicaid 1915(c) Waiver: Appendix K – Medically Fragile Waiver (miscellaneous)

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Medicaid 1915(c) Waiver: Appendix K Addendum – ADvantage Waiver; Medically Fragile Waiver Combined (miscellaneous)

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Medicaid 1915(c) Waiver: Appendix K Addendum – Community Waiver; Homeward Bound Waiver; In Home Supports Waiver for Adults; In Home Supports Waiver for Children; Medically Fragile Waiver Combined

STATUS: Active, expires six months after Public Health Emergency expiration

Last updated 06/29/2021

Originating Site

Medicaid 1915(c) Waiver: Appendix K – Community Waiver; Homeward Bound Waiver

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Medicaid 1915(c) Waiver: Appendix K Addendum – Community Waiver; Homeward Bound Waiver

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Medicaid 1915(c) Waiver: Appendix K – In Home Supports Waiver for Children

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Medicaid 1915(c) Waiver: Appendix K – In Home Supports Waiver for Adults

STATUS: Expires six months after Public Health Emergency expiration. State of emergency ended May 4, 2021.

Last updated 06/29/2021

Private Payer

Insurance Department:  Bulletin on Coronavirus (includes telemedicine)

STATUS: Expired.

Last updated 06/29/2021

Provider Type

Medicaid: Telehealth ends for Physical Therapists

STATUS: Expired May 4, 2021

Medicaid: Provider Updates (many telehealth related)

STATUS: Active, until end of national/state emergency. OK State of Emergency has ended but national has not.

Last updated 06/29/2021

Service Expansion

Medicaid: Provider Updates (many telehealth related)

STATUS: Active, until end of national/state emergency. OK State of Emergency has ended but national has not.

Medicaid: Expanded telehealth and telephonic services

STATUS: Mentions PHE extension to Apr. 30, 2021 but no mention of further extensions. May have expired.

Medicaid: Telehealth at an FQHC or RHC

STATUS: Active, until end of national/state emergency. OK State of Emergency has ended but national has not.

Executive Order: Telemedicine Flexibilities

STATUS: Expired.

Last updated 06/29/2021

Definitions

Telehealth is the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment that occurs in real time and when the member is actively participating during the transmission. Telehealth service is not an expansion of SoonerCare but a different way to offer quality health care access to SoonerCare members.

SOURCE: Health Care Authority, Providers, Telehealth. (Accessed Jun. 2021).

“Telehealth” means the practice of health care delivery, diagnosis, consultation, evaluation and treatment, transfer of medical data or exchange of medical education information by means of a two-way, real-time interactive communication, not to exclude store and forward technologies, between a patient and a health care provider with access to and reviewing the patient’s relevant clinical information prior to the telemedicine visit.  Telehealth shall not include consultations provided by telephone audio-only communication, electronic mail, text message, instant messaging conversation, website questionnaire, nonsecure video conference, or facsimile transmission.

“Telehealth medical service” means, for the purpose of the notification requirements of OAC 317:30-3-27(d)(2), telehealth services that expressly do not include physical therapy, occupational therapy, and/or speech and hearing services.

SOURCE: OK Admin. Code Sec. 317:30-3-27 (a(4)). (Accessed Jun. 2021).

Last updated 06/29/2021

Email, Phone & Fax

Telehealth shall not include consultations provided by telephone audio-only communication, electronic mail, text message, instant messaging conversation, website questionnaire, nonsecure video conference, or facsimile transmission.

SOURCE: OK Admin. Code Sec. 317:30-3-27(a). (Accessed Jun. 2021).

Last updated 06/29/2021

Live Video

POLICY

SoonerCare (Oklahoma’s Medicaid program) reimburses for live video when:

  • Be contracted with SoonerCare and appropriately licensed,
  • Bill for services using the appropriate modifier (GT), and
  • Maintain documentation of services, to include: service rendered, location at which service was rendered, and that service was provided via telehealth. (Documentation of services must follow all other SoonerCare documentation guidelines as well.)

SOURCE: OK Health Care Authority, Telehealth. (Accessed Jun. 2021).


ELIGIBLE SERVICES/SPECIALTIES

To participate, a member:

  • May receive telehealth services outside of Oklahoma when medically necessary;
  • Retains right to withdraw from telehealth services at any time; and
  • Should be aware that all telehealth activities must comply with the Health Insurance Portability and Accountability Act (HIPAA) Security Rule, OHCA policy and all other applicable state and federal laws and regulations.

Also, if member is a minor child, a parent or legal guardian must present the child for services unless exempted by state or federal law. The parent or guardian need not attend the session unless attendance is therapeutically appropriate.

SOURCE: OK Health Care Authority, Telehealth. (Accessed Jun. 2021).

OHCA has discretion and final authority to approve or deny telehealth services based on agency and/or SoonerCare members’ needs.

SOURCE: OK Admin. Code Sec. 317:30-3-27 (Accessed Jun. 2021).

A telehealth service is subject to the same SoonerCare program restrictions, limitations, and coverage which exist for the service when not provided through telehealth; provided, however, that only certain telehealth codes are reimbursable by SoonerCare. For a list of the SoonerCare-reimbursable telehealth codes, refer to the OHCA’s Behavioral Health Telehealth Services and Medical Telehealth Services, available on OHCA’s website, www.okhca.org.

Where there are established service limitations, the use of telehealth to deliver those services will count towards meeting those noted limitations. Service limitations may be set forth by Medicaid and/or other third-party payers.

SOURCE: OK Admin. Code Sec. 317:30-3-27. (Accessed Jun. 2021).

Physical, Occupational and Speech and Hearing Services

For physical therapy, occupational therapy, and/or speech and hearing services that are provided in a primary or secondary school setting, but that are not school-based services (i.e., not provided pursuant to an IEP), providers must adhere to all State and Federal requirements relating to prior authorization and prescription or referral.

SOURCE: OK Admin. Code Sec. 317:30-3-27(d). (Accessed Jun. 2021).

Psychiatric services performed via telemedicine are subject to the requirements found in Oklahoma Administrative Code (OAC) 317:30-3-27.

SOURCE: OK Admin. Code Sec. 317:30-5-11 – Psychiatric services. (Accessed Jun. 2021).


ELIGIBLE PROVIDERS

To participate, a provider must:

  • Be contracted with SoonerCare and appropriately licensed
  • Bill for services using the appropriate modifier (GT)
  • Maintain documentation of services, to include: service rendered, location at which service was rendered, and that service was provided via telemedicine. (Documentation of services must follow all other SoonerCare documentation guidelines as well.)

Additionally, out-of-state providers must comply with all laws and regulations of the provider’s location, including health care and telehealth requirements.

SOURCE: Oklahoma Health Care Authority, Telehealth. (12/03/20).  (Accessed Jun. 2021).

The provider must be contracted with SoonerCare and appropriately licensed or certified, in good standing. Services that are provided must be within the scope of the practitioner’s license or certification. If the provider is outside of Oklahoma, the provider must comply with all laws and regulations of the provider’s location, including health care and telehealth requirements.

SOURCE: OK Admin. Code Sec. 317:30-3-27. (Accessed Jun. 2021).

Indian Health Service/Tribal 638

An I/T/U encounter means a face to face or telehealth contact between a health care professional and an IHS eligible SoonerCare member for the provision of medically necessary Title XIX or Title XXI covered services through an IHS or Tribal 638 facility or an urban Indian clinic within a 24-hour period ending at midnight, as documented in the patient’s record.

SOURCE: OK Admin. Code Sec. 317:30-5-1098. I/T/U outpatient encounters. (Accessed Jun. 2021).


ELIGIBLE SITES

The medical or behavioral health related service must be provided at an appropriate site for the delivery of telehealth services. An appropriate telehealth site is one that has the proper security measures in place; the appropriate administrative, physical, and technical safeguards should be in place that ensures the confidentiality, integrity, and security of electronic protected health information. The location of the room for the encounter at both ends should ensure comfort, privacy, and confidentiality. Both visual and audio privacy are important, and the placement and selection of the rooms should consider this. Appropriate telehealth equipment and networks must be used considering factors such as appropriate screen size, resolution, and security. Providers and/or members may provide or receive telehealth services outside of Oklahoma when medically necessary; however, prior authorization may be required.

SOURCE: OK Admin. Code Sec. 317:30-3-27(c)(3). (Accessed Jun. 2021).

School Setting

In order for OHCA to reimburse medically necessary telehealth services provided to SoonerCare members in a primary or secondary school setting, all of the requirements in (c) above must be met, with the exception of (c)(5), as well as all of the requirements shown below, as applicable.  There are special consent and notification requirements for school-based sites.  See Oklahoma Code.

Physical therapy, occupational therapy, and/or speech and hearing services that are provided in a primary or secondary school setting, but that are not school-based services (i.e., not provided pursuant to an IEP), providers must adhere to all State and Federal requirements relating to prior authorization and prescription or referral.

SOURCE: OK Admin. Code Sec. 317:30-3-27(d). (Accessed Jun. 2021).


GEOGRAPHIC LIMITS

No Reference Found


FACILITY/TRANSMISSION FEE

The cost of telehealth equipment and transmission is not reimbursable by SoonerCare.

SOURCE: OK Admin. Code Sec. 317:30-3-27(e)(4). (Accessed Jun. 2021).

Last updated 06/29/2021

Miscellaneous

All telehealth activities must comply with Oklahoma Health Care Authority (OHCA) policy, and all other applicable State and Federal laws and regulations.

See administrative code for specific documentation requirements.

SOURCE: OK Admin. Code Sec. 317:30-3-27(c)(8) & (f). (Accessed Jun. 2021).

Health Access Networks (HANs) must Facilitate members’ access to all levels of care, including primary, outpatient, specialty, certain ancillary services, and acute inpatient care, within a community or across a broad spectrum of providers across a service region or the state through improved access to specialty care, telehealth, and expended quality improvement strategies.

SOURCE: OK Admin. Code Sec. 317:25-9-2. (Accessed Jun. 2021).

Last updated 06/29/2021

Out of State Providers

The provider must be contracted with SoonerCare and appropriately licensed or certified, in good standing.  Services that are provided must be within the scope of the practitioner’s license or certification. If the provider is outside of Oklahoma, the provider must comply with all laws and regulations of the provider’s location, including health care and telehealth requirements.

Providers and/or patients may provide or receive telehealth services outside of Oklahoma when medically necessary, however prior authorization may be required.

SOURCE: OK Admin. Code Sec. 317:30-3-27. (Accessed Jun. 2021).

Last updated 06/29/2021

Overview

SoonerCare reimburses for live video telehealth. Store-and-Forward and Remote Patient Monitoring must be compensable by the Oklahoma Health Care Authority (OHCA) in order to be reimbursed.  Continuous glucose monitoring is reimbursed by Medicaid.

Last updated 06/29/2021

Remote Patient Monitoring

POLICY

“Remote patient monitoring” means the use of digital technologies to collect medical and other forms of health data (e.g. vital signs, weight, blood pressure, blood sugar) from individuals in one (1) location and electronically transmit that information securely to health care providers in a different location for assessment and recommendations.

Health care services delivered by telehealth such as remote patient monitoring, store-and-forward, or any other telehealth technology must be compensable by OHCA in order to be reimbursed.

Services provided by telehealth must be billed with the appropriate modifier.

The cost of telehealth equipment and transmission is not reimbursable by SoonerCare.

SOURCE: OK Admin. Code Sec. 317:30-3-27(a) & (e). (Accessed Jun. 2021).

Continuous glucose monitoring (CGM)

CGM means a minimally invasive system that measures glucose levels in subcutaneous or interstitial fluid. CGM provides blood glucose levels and can help members make more informed management decisions throughout the day.

CGM must be determined by a provider to be medically necessary and documented in the member’s plan of care as medically necessary and used for medical purposes. A request by a medical provider for CGM in and of itself shall not constitute medical necessity. The Oklahoma Health Care Authority (OHCA) shall serve as the final authority pertaining to all determinations of medical necessity. Refer to Oklahoma Administrative Code (OAC) 317:30-5-211.2 and 317:30-3-1(f) for policy on medical necessity. CGM devices must be approved by the U.S. Food and Drug Administration (FDA) as non-adjunctive and must be used for therapeutic purposes. Devices may only be used for members within the age range for which the devices have been FDA approved.

CGM patients must have an in-person or telehealth visit within 6 months between the treating provider, member and/or family to evaluate their diabetes control.

SOURCE: OK Admin. Code Sec. 317:30-5-211.25. (Accessed Jun. 2021).


CONDITIONS

Continuous glucose monitoring (CGM)

Member must have a diagnosis that correlates to the use of CGM.

SOURCE: OK Admin. Code Sec. 317:30-5-211.25. (Accessed Jun. 2021).


PROVIDER LIMITATIONS

Continuous glucose monitoring (CGM)

Prescription must be made by a physician, physician assistant, or an advanced practice registered nurse.

SOURCE: OK Admin. Code Sec. 317:30-5-211.25. (Accessed Jun. 2021).


OTHER RESTRICTIONS

No Reference Found

Last updated 06/29/2021

Store and Forward

POLICY

Health care services delivered by telehealth such as remote patient monitoring, store-and-forward, or any other telehealth technology must be compensable by OHCA in order to be reimbursed.

Services provided by telehealth must be billed with the appropriate modifier.

If the technical component of an X-ray, ultrasound or electrocardiogram is performed during a telehealth transmission, the technical component can be billed by the provider that provided that service. The professional component of the procedure and the appropriate visit code should be billed by the provider that rendered that service.

SOURCE: OK Admin. Code Sec. 317:30-3-27(e). (Accessed Jun. 2021).

“Store and forward technologies” means the transmission of a patient’s medical information from an originating site to the health care provider at the distant site; provided, photographs visualized by a telecommunications system shall be specific to the patient’s medical condition and adequate for furnishing or confirming a diagnosis or treatment plan. Store and forward technologies shall not include consultations provided by telephone audio-only communication, electronic mail, text message, instant messaging conversation, website questionnaire, non-secure video conference, or facsimile transmission.

SOURCE: OK Admin. Code Sec. 317:30-3-27 (a). (Accessed Jun. 2021).


ELIGIBLE SERVICES/SPECIALTIES

No Reference Found


GEOGRAPHIC LIMITS

No Reference Found


TRANSMISSION FEE

The cost of telehealth equipment and transmission is not reimbursable by SoonerCare.

SOURCE: OK Admin. Code Sec. 317:30-3-27(e)(4). (Accessed Jun. 2021).

Last updated 06/29/2021

Definitions

Effective Until December 31, 2021

“Telemedicine means the practice of health care delivery, diagnosis, consultation, treatment, including but not limited to, the treatment and prevention of strokes, transfer of medical data, or exchange of medical education information by means of audio, video, or data communications. Telemedicine is not a consultation provided by telephone or facsimile machine.”

SOURCE: OK Statute, Title 36, Sec. 6802. (Accessed Jun. 2021).

Effective January 1, 2022

“Telemedicine” or “telehealth” means technology-enabled health and care management and delivery systems that extend capacity and access, which includes:

  • Synchronous mechanisms, which may include live audiovisual interaction between a patient and a health care professional or real-time provider-to-provider consultation through live interactive audiovisual means,
  • Asynchronous mechanisms, which include store and forward transfers, online exchange of health information between a patient and a health care professional and online exchange of health information between health care professionals, but shall not include the use of automated text messages or automated mobile applications that serve as the sole interaction between a patient and a health care professional,
  • Remote patient monitoring, and
  • Other electronic means that support clinical health care, professional consultation, patient and professional health-related education, public health and health administration.

SOURCE: OK Statute, Title 36, Sec. 6802 as amended by Senate Bill 674 & House Bill 2120 (2021 Session). (Accessed Jun. 2021).

Last updated 06/29/2021

Parity

SERVICE PARITY

Now Effective

If a provider determines that telemedicine is an appropriate way to deliver care, an insurer cannot require person-to-person contact.

SOURCE: OK Statute, Title 36 Sec. 6803. (Accessed Jun. 2021).

Effective January 1, 2022

An insurer may limit coverage of services provided by telehealth consistent with coding and clinical standards recognized by the American Medical Association or the Centers for Medicare and Medicaid Services as covered if delivered by telehealth or telemedicine, except as agreed to by the insurer and provider.

SOURCE: OK Statute, Title 36, Sec. 6803 as amended by Senate Bill 674, (Accessed Jun. 2021).


PAYMENT PARITY

Effective January 1, 2022

An insurer shall reimburse the treating health care professional or the consulting health care professional for the diagnosis, consultation or treatment of the patient delivered through telemedicine services on the same basis and at least at the rate of reimbursement that the insurer is responsible for coverage for the provision of the same, or substantially similar, services through in-person consultation or contact.

Any copayment or coinsurance applied to telemedicine benefits by an insurer shall not exceed the copayment or coinsurance applied to such benefits when provided through in-person consultation or contact.

SOURCE: OK Statute, Title 36, Sec. 6803 as amended by Senate Bill 674, (Accessed Jun. 2021).

Last updated 06/29/2021

Requirements

Now Effective

For services that a health care professional determines to be appropriately provided by means of telemedicine, health care service plans, disability insurer programs, workers’ compensation programs, or state Medicaid managed care program contracts issued, amended, or renewed on or after January 1, 1998, shall not require person-to-person contact between a health care professional and a patient.

SOURCE: OK Statute, Title 36 Sec. 6803. (Accessed Jun. 2021).

Effective January 1, 2022

An insurer shall not exclude a service for coverage solely because the service is provided through telemedicine and is not provided through in-person consultation or contact between a health care professional and a patient when such services are appropriately provided through telemedicine.

An insurer shall not impose any type of utilization review on benefits provided through telemedicine unless such type of utilization review is imposed when such benefits are provided through in-person consultation or contact. Any type of utilization review that is imposed on benefits provided through telemedicine shall not occur with greater frequency or more stringent application than such form of utilization review is imposed on such benefits provided through in-person consultation or contact.

An insurer shall not restrict coverage of telemedicine benefits or services to benefits or services provided by a particular vendor, or other third party, or benefits or services provided through a particular electronic communications technology platform; provided, that nothing shall require an insurer to cover any electronic communications technology platform that does not comply with applicable state and federal privacy laws.

An insurer shall not place any restrictions on prescribing medications through telemedicine that are more restrictive than what is required under applicable state and federal law.

SOURCE: OK Statute, Title 36, Sec. 6803 as amended by Senate Bill 674, (Accessed Jun. 2021).

Last updated 06/29/2021

Cross State Licensing

Physician treating patients in OK through telemedicine must be fully licensed in OK.

SOURCE: OK Admin Code Sec. 435:10-7-13(a).  (Accessed Jun. 2021).

The State Board of Osteopathic Examiners has the authority to issue a telemedicine license.

SOURCE: OK Statute, Title 59, Sec. 633, (Accessed Jun. 2021).

Last updated 06/29/2021

Definitions

Effective Until October 31, 2021

Telemedicine means the practice of health care delivery, diagnosis, consultation, evaluation and treatment, transfer of medical data or exchange of medical education information by means of a two-way, real-time interactive communication, not to exclude store-and-forward technologies, between a patient and a physician with access to and reviewing the patient’s relevant clinical information prior to the telemedicine visit. “Telemedicine” and “store-and-forward technologies” shall not include consultations provided by telephone audio-only communication, electronic mail, text message, instant messaging conversation, website questionnaire, nonsecure video conference or facsimile machine.

SOURCE: OK Statute, Title 59, Sec. 478. (Accessed Jun. 2021).

Effective Until October 31, 2021

“Telemedicine” means the practice of health care delivery, diagnosis, consultation, evaluation, treatment, transfer of medical data, or exchange of medical education information by means of audio, video, or data communications. Telemedicine uses audio and video multimedia telecommunication equipment which permits two-way real time communication between a health care practitioner and a patient who are not in the same physical location. Telemedicine shall not include consultation provided by telephone or facsimile machine.

SOURCE: OK Statute Title 43A-1-103. (18). (Accessed Jun. 2021).

Effective November 1, 2021

“Telemedicine” means technology-enabled health and care management and delivery systems that extend capacity and access, which includes:

  • Synchronous mechanisms, which may include live audiovisual interaction between a patient and a health care professional or real-time provider-to-provider consultation through live interactive audiovisual means,
  • Asynchronous mechanisms, which include store and forward transfers, online exchange of health information between a patient and a health care professional and online exchange of health information between health care professionals, but shall not include the use of automated text messages or automated mobile applications that serve as the sole interaction between a patient and a health care professional,
  • Remote patient monitoring, and
  • Other electronic means that support clinical health care, professional consultation, patient and professional health-related education, public health and health administration.

SOURCE: OK Statute Title 43A-1-103 & OK Statute, Title 59, Sec. 478 as amended by Senate Bill 673 (2021 Session), (Accessed Jun. 2021).

“Telemedicine means the practice of health care delivery, diagnosis, consultation, treatment, including but not limited to, the treatment and prevention of conditions appropriate to treatment by telemedicine management, transfer of medical data, or exchange of medical education information by means of audio, video, or data communications. Telemedicine is not a consultation provided by telephone or facsimile machine.

This definition excludes phone or Internet contact or prescribing and other forms of communication, such as web-based video, that might occur between parties that does not meet the equipment requirements as specified in OAC 435:10-7-13 and therefore requires an actual face-to-face encounter. Telemedicine physicians who meet the requirements of OAC 435:10-7-13 do not require a face-to-face encounter.

SOURCE: OK Admin Code Sec. 435: 10-1-4. (Accessed Jun. 2021).

Occupational Therapy

“Telehealth” means, and shall have, the same meaning as it does under 59 O.S. § 888.3(8).

“Telemedicine” means, and includes, the practice of healthcare delivery, diagnosis, consultation, treatment, including but not limited to, the treatment and prevention of conditions appropriate to treatment by telehealth management, transfer of medical data, or exchange of medical education information by means of audio, video, or data communications. Telemedicine is not a consultation provided by telephone or facsimile machine.

SOURCE: OK Admin Code Sec. 435:30-1-2 (Accessed Jun. 2021).

Speech Language Pathology and Audiology

Telepractice means the use of audio, video or data communication to provide speech-language pathology and audiology services to clients who are not present at the same site as the licensee when the service is provided.

SOURCE: OK Admin Code Sec. 690: 10-3-9(a). (Accessed Jun. 2021).

Physician Assistants

“Telecommunication” means the use of electronic technologies to transmit words, sounds or images for interpersonal communication, clinical care (telemedicine) and review of electronic health records.

SOURCE: OK Statutes §59-519.2. (Accessed Jun. 2021).

Diagnostic X-Ray Systems

“Telemedicine” means the use of electronic communication processes for the transmission of information and data related to the diagnosis and/or treatment of medical conditions.

SOURCE: OK Admin Code Sec. 310:281-1-2 (Accessed Jun. 2021).

Veterinary Medicine

“Telemedicine” or “telehealth” means the practice of veterinary medicine including diagnosis, consultation, evaluation, treatment, transfer of medical data or exchange of information by means of a two-way, real-time interactive communication between a client or patient and a veterinarian with access to and reviewing the patient’s relevant information prior to the telemedicine visit.  Telemedicine or telehealth shall not include consultations provided by telephone audio-only communication. A veterinarian using telehealth technologies shall take appropriate steps to establish the veterinarian-client-patient relationship and conduct all appropriate evaluations and history of the patient consistent with traditional standards of care for the particular patient presentation. A veterinarian shall be licensed, or under the jurisdiction of, the veterinary board of the jurisdiction where the patient is located. The practice of medicine occurs where the patient is located at the time telehealth technologies are used.

SOURCE: OK Statute Sec. 698.2 as amended by Senate Bill 270 (2021 Session), (Accessed Jun. 2021).

Teledentistry

“Teledentistry” means the remote delivery of dental patient care via telecommunications and other technology for the exchange of clinical information and images for dental consultation, preliminary treatment planning and patient monitoring.

SOURCE: OK Statute Sec. 328.3 as amended by Senate Bill 408 (2021 Session), (Accessed Jun. 2021).

Physical Therapy

“Telehealth” means the use of electronic information and telecommunications technologies to support long-distance clinical health care, patient and professional health-related education, public health and health administration.

SOURCE: OK Statute Title 59, Sec. 887.2 as amended by Senate Bill 104 (2021 Session), Accessed Jun. 2021).

Last updated 06/29/2021

Licensure Compacts

Oklahoma is part of the Interstate Medical Licensing Compact.

SOURCE:  Interstate Medical Licensure Compact, The IMLC. (Accessed Jun. 2021).

Member of enhanced Nurse Licensure Compact.

SOURCE:  Nurse Licensure Compact.  Current NLC States and Status.  (Accessed Jun. 2021).

Member of Physical Therapy Compact.

SOURCE:  Compact Map. PT Compact.  (Accessed Jun. 2021).

Member of Audiology and Speech Language Pathology Interstate Compact.

SOURCE:  Senate Bill 1837 (2020 Session).  (Accessed Jun. 2021).

Member of Psychology Interjurisdictional Compact.

SOURCE:  Association of State and Provincial Psychology Boards, PSYPACT, Legislative Updates.  (Accessed Jun. 2021).

Last updated 06/29/2021

Miscellaneous

OK provides, to each eligible healthcare entity, Special Universal Services for telemedicine providers. This includes the provision of bandwidth per standards as recommended by the Federal Communications Commission sufficient for providing telemedicine services including the telemedicine line, reasonable installation and network termination equipment owned and operated by the eligible provider. See statute for additional eligibility requirements.

SOURCE: OK Statutes, Title 17 Sec. 139.109.1 & OK Admin Code Title 165:59-7-6. (Accessed Jun. 2021).

The OK Dept. of Health established a statewide telemedicine network: Oklahoma Center for Telemedicine (Office of Telehealth)

SOURCE: Oklahoma Statutes, Title 63 Sec. 1-2702. & Office of Telehealth. (Accessed Jun. 2021).

Last updated 06/29/2021

Online Prescribing

A valid physician-patient relationship may be established by an allopathic or osteopathic physician with a patient located in this state through telemedicine, provided that the physician:

  • Holds a license to practice medicine in this state;
  • Confirms the patient’s identity and physical location; and
  • Provides the patient with the treating physician’s identity and professional credentials.

Telemedicine and store and forward technology encounters shall comply with the Health Insurance Portability and Accountability Act of 1996 and ensure that all patient communications and records are secure and confidential.  Telemedicine encounters and encounters involving store-and-forward technology shall not be used to establish a valid physician-patient relationship for purpose of prescribing opiates, synthetic opiates, semisynthetic opiates, benzodiazepine or carisprodol, but may be used to prescribe opioid antagonists or partial agonists.

The relationship shall not be based solely on the receipt of patient health information by a physician.  The duties and obligations created by a physician-patient relationship shall not apply until the physician affirmatively:

  • Undertakes to diagnose and treat the patient; or
  • Participates in the diagnosis and treatment of the patient.

SOURCE: OK Statutes, Title 59, Ch. 11 Sec. 478.1. (Accessed Jun. 2021).

Unprofessional Conduct includes prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician-patient relationship and not prescribing in a safe, medically accepted manner.

SOURCE: OK Statute, Title 59, Sec. 509.(12), (Accessed Jun. 2021).

A physician/patient relationship is established when a physician agrees by direct or indirect contact with a patient to diagnose or treat any condition, illness or disability presented by a patient to that physician, whether or not such a presenting complaint is considered a disease by the general medical community. The physician/patient relationship shall include a medically appropriate, timely-scheduled, face-to-face encounter with the patient, subject to any supervisory responsibilities established elsewhere in these rules except the following providers are not subject to the face-to-face encounter:

  • Providers covering the practice of another provider may approve refills of previously ordered medications if they have access to the medical file of the patient.
  • Hospice medical directors may initiate prescriptions based on requests from licensed health care providers and on information from Hospice records.
  • Providers ordering appropriate medications for persons with laboratory-proven, sexually transmitted diseases and persons who have been in contact with certain infectious diseases.
  • Telemedicine physicians who meet the criteria set out in OAC 435:10-7-13 of this Subchapter.
  • Licensed healthcare providers providing medical immunizations, which may be implemented by means of standing order(s) and/or policies.
  • Licensed providers ordering opioid antagonists pursuant to 63 O.S. §1-2506.2.

SOURCE: OK Admin. Code Sec. 435:10-7-12. (Accessed Jun. 2021).

Abortion-inducing drugs shall not be provided directly to the patient through the mail, telemedicine or otherwise outside of the parameters of the Oklahoma Abortion-Inducing Drug Certification Program.

SOURCE: OK Senate Bill 779 (2021 Session), (Accessed Jun. 2021).

Last updated 06/29/2021

Professional Board Standards

State Board of Medical Licensure and Supervision

SOURCE: OK Admin. Code Sec. 435:10-7-13. (Accessed Jun. 2021).

State Board of Examiners for Speech-Language Pathology and Audiology

SOURCE: OK Admin. Code Sec. 690:10-3-9. (Accessed Jun. 2021).

State Board of Occupational Therapy

SOURCE: OK Admin. Code Sec. 435:30-1-18. (Accessed Jun. 2021).

A dentist holding a valid dental license in Oklahoma may consult, diagnose and treat a patient of record via synchronous or asynchronous telecommunication between the patient and dentist. The dentist must record all activities relating to teledentistry in the patient record and must have an office location in Oklahoma available for follow-up treatment and maintenance of records.

SOURCE: OK Statute Sec. 328.54 as amended by Senate Bill 408 (2021 Session), (Accessed Jun. 2021).

Physical therapy services may be provided in person or remotely, via telehealth, to individuals or groups.

SOURCE: OK Statute Title 59, Sec. 887.2 as amended by Senate Bill 104 (2021 Session), Accessed Jun. 2021).