Professional Requirements

Consent Requirements

The majority of states include some sort of telehealth specific informed consent requirement in their statute, administrative code and/or Medicaid policies. This requirement can sometimes apply to specific types of professionals when located in law or regulations governing their profession. The requirement for consent is sometimes paired with other requirement such as the need to ensure the same level of care is delivered via telehealth as would be expected in-person.

See overview of states with consent requirements >
Click the map to scroll down to the state

Federal

Last updated 09/01/2022

No reference found.

No reference found.

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Alabama

Last updated 08/12/2022

Prior to providing any telehealth medical service, the physician, to …

Prior to providing any telehealth medical service, the physician, to the extent possible, shall do all of the following…

  • Obtain the patient’s consent for the use of telehealth as an acceptable mode of delivering health care services, including, but not limited to, consent for the mode of communication used and its limitations. Acknowledgment of consent shall be documented in the patient’s medical record.

SOURCE: AL Code Sec. 34-24-703 & Senate Bill 272 (2022 Session), (Accessed Aug. 2022).

Board of Social Work

Consent must be obtained and documented from the client upon initiation of telehealth services.

SOURCE: AL Admin Code 850-x-2-.04(2)(a) (Accessed Aug. 2022).

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Alaska

Last updated 08/15/2022

Speech-Language Pathology

Providers who provide telemedicine services must document the …

Speech-Language Pathology

Providers who provide telemedicine services must document the efforts to obtain the client’s consent to send all records to a client’s primary care provider. The consent must be obtained in writing and be signed by the client or client’s legal guardian.

SOURCE: AK Admin. Code, Title 12, Sec. 07.030 (Accessed Aug. 2022)

Nursing

The board may not impose disciplinary sanctions on an advanced practice registered nurse for rendering a diagnosis, providing treatment, or prescribing, dispensing, or administering a prescription drug that is not a controlled substance to a person without conducting a physical examination if

  • the advanced practice registered nurse or another licensed health care provider in the medical practice is available to provide follow-up care; and
  • the advanced practice registered nurse requests that the person consent to sending a copy of all records of the encounter to the person’s primary care provider if the prescribing advanced practice registered nurse is not the person’s primary care provider and, if the person consents, the advanced practice registered nurse sends the records to the person’s primary care provider

SOURCE: AK House Bill 265 (2022 Session) and Sec. 08.68.710, (Accessed Aug. 2022).

Nursing

For a telehealth encounter, an APRN must complete and document

  • the patient’s informed consent to use telehealth technologies;
  • a clinical history and review of systems establishing diagnoses and identifying conditions and contraindications to recommended treatment; and
  • a plan of care that lists all recommendations and prescriptions issued by electronic means.

SOURCE: AK Admin Code Title 12, 44.925 (Accessed Aug. 2022).

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Arizona

Last updated 07/14/2022

Before a health care provider delivers health care through telehealth, …

Before a health care provider delivers health care through telehealth, the treating health care provider shall obtain verbal or written informed consent, including by electronic means, from the patient or the patient’s health care decision maker. If the informed consent is obtained verbally, the health care provider shall document the consent on the patient’s medical record.

The consent requirement does not apply in the following circumstances:

  • If the telehealth interaction does not take place in the physical presence of the patient.
  • In an emergency situation in which the patient or the patient’s health care decision maker is unable to give informed consent.
  • To the transmission of diagnostic images to a health care provider serving as a consultant or the reporting of diagnostic test results by that consultant.

SOURCE: Arizona Revised Statute Sec. 36-3602 (Accessed Jul. 2022).

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Arkansas

Last updated 07/04/2022

The healthcare professional shall follow applicable state and federal laws, …

The healthcare professional shall follow applicable state and federal laws, rules and regulations for informed consent.

SOURCE: AR Code 17-80-404. (Accessed Jul. 2022).

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California

Last updated 09/06/2022

Before the delivery of health care via telehealth, the health …

Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.

SOURCE: CA Business & Professions Code Sec. 2290.5. (Accessed Sept. 2022). 

Occupational Therapy

An occupational therapist must obtain patient’s consent prior to providing services via telehealth.

SOURCE: CA Code of Regulations, Title 16, Div. 39, Art. 8, Sec. 4172(b). (Accessed Sept. 2022).

Behavioral Sciences

A licensee must obtain informed consent from a client upon initiation of telehealth services.

SOURCE: CA Code of Regulations, Title 16, Div. 18, Art. 1, Sec. 1815.5(c). (Accessed Sept. 2022).

Psychologists

A licensee must obtain and document informed consent for the provision of psychological health care services via telehealth from the client. Such consent shall cover concerns unique to the receipt of psychological health care services via telehealth, including risks to confidentiality and security, data storage policies and procedures specific to telehealth, the possibility of disruption and/or interruption of service due to technological failure, insurance coverage considerations, and other issues that the licensee can reasonably anticipate regarding the non-comparability between psychological health care services delivered in person and those delivered via telehealth.

SOURCE: CA Code of Regulations, Title 16, Div. 13.1, Art. 8, Sec. 1396.8(a). (Accessed Sept. 2022).

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Colorado

Last updated 07/28/2022

See Medicaid section for Consent requirements.

Colorado Medical Board

Appropriate …

See Medicaid section for Consent requirements.

Colorado Medical Board

Appropriate informed consent should be obtained for a telehealth encounter including those elements required by law and generally accepted standards of practice.

Informed consents obtained in connection with an encounter involving telehealth technologies should also be filed in the medical record.

SOURCE: The Colorado Medical Board Policies, 40-27, page 101-102. Guidelines for the Appropriate Use of Telehealth Technologies in the Practice of Medicine. 8/19/21. (Accessed July 2022).

Colorado Mental Health Boards

Once a licensee, certificate holder, or registrant chooses to provide psychotherapy via electronic means, the licensee, certificate holder, or registrant is expected to carefully identify and address issues that involve implementing consent form(s) and proper disclosure(s) including, but not limited to the client’s knowledge regarding security issues, confidentiality, structure, etc.

SOURCE: State Board of Psychologist Examiners Policies, 30-1, p. 11. Teletherapy Policy – Guidance regarding Psychotherapy through Electronic Means. 2/2/18. (Accessed July 2022).

Workers’ Compensation

All treatment provided through telemedicine shall comply with the applicable requirements found in the Colorado Medical Practice Act and Colorado Mental Health Practice Act, as well as the rules and policies adopted by the Colorado Medical Board and the Colorado Board of Psychologist Examiners and shall follow applicable laws, rules and regulations for informed consent.

SOURCE: 7 CO Regs. Rule 1101-3, 18-5(I), p. 30. (Accessed July 2022).

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Connecticut

Last updated 08/10/2022

Effective Now Until June 30, 2024

Notwithstanding the provisions of …

Effective Now Until June 30, 2024

Notwithstanding the provisions of section 19a-906 of the general statutes, as amended by this act, if a telehealth provider provides a telehealth service to a patient during the period beginning on May 10, 2021 and ending on June 30, 2024, the telehealth provider shall, at the time of the telehealth provider’s first telehealth interaction with a patient, inform the patient concerning the treatment methods and limitations of treatment using a telehealth platform, including, but not limited to, the limited duration of the relevant provisions of this section and sections 3 to 7, inclusive, of public act 21-9, as amended by this act, and, after providing the patient with such information, obtain the patient’s consent to provide telehealth services. The telehealth provider shall document such notice and consent in the patient’s health record. If a patient later revokes such consent, the telehealth provider shall document the revocation in the patient’s health record.

During the period beginning on May 10, 2021 and ending on June 30, 2024, each telehealth provider shall, at the time of the initial telehealth interaction, ask the patient whether the patient consents to the telehealth provider’s disclosure of records concerning the telehealth interaction to the patient’s primary care provider. If the patient consents to such disclosure, the telehealth provider shall provide records of all telehealth interactions during such period to the patient’s primary care provider, in a timely manner, in accordance with the provisions of sections 20-7b to 20-7e, inclusive, of the general statutes.

During the period beginning on May 10, 2021 and ending on June 30, 2024, any consent or revocation of consent under this section shall be obtained from or communicated by the patient, or the patient’s legal guardian, conservator or other authorized representative, as applicable.

SOURCE: HB 5596 (2021 Session), sec. 1 & SB 2 (2022 Session), sec. 32. (Accessed Aug. 2022).

Permanent Statute

At the time of the telehealth provider’s first telehealth interaction with a patient, the telehealth provider shall inform the patient concerning the treatment methods and limitations of treatment using a telehealth platform and, after providing the patient with such information, obtain the patient’s consent to provide telehealth services. The telehealth provider shall document such notice and consent in the patient’s health record. If a patient later revokes such consent, the telehealth provider shall document the revocation in the patient’s health record.

Consent must be obtained by the parent or the patient’s legal guardian, conservator or other authorized representative, as applicable.

SOURCE: CT Gen. Statutes Sec. 19a-906(b)(2)&(e). (Accessed Aug. 2022).

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Delaware

Last updated 08/24/2022

Receipt of appropriate consent from a patient after disclosure regarding

Receipt of appropriate consent from a patient after disclosure regarding the delivery model and treatment method or limitations, including informed consent regarding the use of telemedicine technologies is required to establish a health-care provider-patient relationship, among other things.

Informed consent must be obtained to establish a physician-patient relationship over telehealth.

SOURCE: Title 24, Ch. 60, Sec. 6003(a)(3). (Accessed Aug. 2022).

Applies to Physical Therapists:

Before services are provided through telehealth, the licensee shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient. For the purpose of this subsection, written consent includes an electronic signature. At minimum, the informed consent shall inform the patient and document acknowledgement of the risk and limitations of:

  • The use of electronic communications in the provision of care;
  • The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and
  • The potential disruption of electronic communication in the use of telehealth.

SOURCE: 24 DE Administrative Code 2602. 14.2.2.1. (Accessed Aug. 2022).

Informed consent required by Boards (see regulation citations in Professional Board Standards tab).

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District of Columbia

Last updated 09/03/2022

Must obtain and document patient consent, except when providing interpretive …

Must obtain and document patient consent, except when providing interpretive services.

SOURCE: DC Regs. Sec. 17-4618.2, DC Department of Health Board of Medicine Policy No. 15-01 (Accessed Sept. 2022).

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Florida

Last updated 08/05/2022

No Reference Found

No Reference Found

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Georgia

Last updated 08/05/2022

No Reference Found

No Reference Found

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Hawaii

Last updated 08/14/2022

No Reference Found

No Reference Found

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Idaho

Last updated 08/22/2022

A patient’s consent must be obtained.

In addition to the …

A patient’s consent must be obtained.

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.

SOURCE: ID Code Sec. 54-5708 & ID Admin Code 24.33.03 (205). (Accessed Aug. 2022).

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 serbvices.
  • 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 (550). (Accessed Aug. 2022).

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Illinois

Last updated 08/15/2022

No Reference Found

No Reference Found

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Indiana

Last updated 08/21/2022

A health care provider (as defined in Indiana Code 16-18-2-163(a)) …

A health care provider (as defined in Indiana Code 16-18-2-163(a)) may not be required to obtain a separate additional written health care consent for the provision of telehealth services.

SOURCE: IN Code, 16-36-1-15. (Accessed Aug. 2022).

A practitioner who uses telehealth shall, if such action would otherwise be required in the provision of the same health care services in a manner other than telehealth, ensure that a proper provider-patient relationship is established. The provider-patient relationship by a practitioner who uses telehealth must at a minimum include the following:

(1) Obtain the patient’s name and contact information and:

  • a verbal statement or other data from the patient identifying the patient’s location; and
  • to the extent reasonably possible, the identity of the requesting patient.

(2) Disclose the practitioner’s name and disclose the practitioner’s licensure, certification, or registration.

(3) Obtain informed consent from the patient.

(4) Obtain the patient’s medical history and other information necessary to establish a diagnosis.

(5) Discuss with the patient the:

  • diagnosis;
  • evidence for the diagnosis; and
  • risks and benefits of various treatment options, including when it is advisable to seek in-person care.

SOURCE: IN Code, 25-1-9.5-7, b (Accessed Aug. 2022)

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Iowa

Last updated 07/21/2022

The parent or guardian of a student shall consent prior …

The parent or guardian of a student shall consent prior to the student receiving behavioral health services via telehealth under this chapter after a provider-patient relationship is established pursuant to this section. The school district shall maintain any such consent form completed by a parent or guardian.

SOURCE: IA Code Title VII Subtitle 6 Chapter 280A.3, (Accessed Jul. 2022).

Telepsychology

A licensee shall ensure informed consent for telepsychology includes a description of any limitations of services as a result of the technology utilized.

SOURCE: Iowa Admin Code, Sec. 645-243.7, (Accessed Jul. 2022).

Physician Assistants

Informed consent. A licensee who uses telemedicine shall ensure that the patient provides appropriate informed consent for the medical services provided, including consent for the use of telemedicine to diagnose and treat the patient, and that such informed consent is timely documented in the patient’s medical record.

See rule for more information about how Physician Assistants must disclose limitations about the drugs and services that can be provided via telemedicine, as well as financial interests and other important information during their meetings. A mechanism for the patient to give feedback must also be provided.

SOURCE: Iowa Admin Code, Sec. 645-327.9, (Accessed Jul. 2022).

Speech Pathology and Audiology

Prior to the first telehealth visit, a licensee shall obtain informed consent from the patient specific to the services that will be provided in a telehealth visit. At a minimum, the informed consent shall specifically inform the patient of the following:

  • The risks and limitations of the use of technology to provide speech pathology or audiology services;
  • The potential for unauthorized access to protected health information; and
  • The potential for disruption of technology during a telehealth visit.

SOURCE: Iowa Admin Code, Sec. 645-301.1, (Accessed Jul. 2022).

Board of Dietetics

Prior to the first telehealth visit, a licensee shall obtain informed consent from the individual or group specific to the services that will be provided in a telehealth visit. At a minimum, the informed consent shall specifically inform the individual or group of the following:

  • The risks and limitations of the use of technology to provide dietetics services;
  • The potential for unauthorized access to protected health information; and
  • The potential for disruption of technology during a telehealth visit.

SOURCE: Iowa Administrative Code Section 645.81.17, (Accessed Jul. 2022).

Hearing Aid Specialists

Prior to the first telehealth appointment with a client, the licensee shall obtain informed consent from the client that is specific to the service or services that will be provided in the telehealth appointment. The informed consent shall specifically inform the client of, at a minimum, the following:

  • The risks and limitations of the use of technology to the specific service;
  • The potential for unauthorized access to protected health information; and
  • The potential for disruption of technology during a telehealth appointment.

SOURCE: Iowa Admin Code, Sec. 645-123.5, (Accessed Jul. 2022).

Nursing – APRNs

Prior to providing services via telehealth, the licensee shall obtain consent from the patient, or the patient’s legal guardian or legal representative, to receive services via telehealth.

SOURCE: IA Admin Code Sec. 655-7.9(152), (Accessed Jul. 2022).

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Kansas

Last updated 08/18/2022

No Reference Found

No Reference Found

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Kentucky

Last updated 08/12/2022

The treating physician who delivers or facilitates the telehealth service …

The treating physician who delivers or facilitates the telehealth service shall obtain the informed consent of the patient before services are provided.

SOURCE: KY Revised Statutes § 311.5975. (Accessed Aug. 2022).

Patient consent must be obtained by:

SOURCE: KY Revised Statutes 310.200, 311.5975, 312.220, 313.060, 314.155, 314A.230, 315.310, 319.140, 319A.300, 320.390, 327.200, 334A.200, 335.158, 335.380 & 314A.330, Originated from HB 177 (2000). (Accessed Aug. 2022).

Also see listing of Professional Board Regulation in Miscellaneous section for regulatory requirements for informed consent by profession.

The Board of Speech Language Pathology and Audiology requires their licensees to inform the client in writing, in an initial in-person meeting, about:

  • The limitations of using technology in the provision of telepractice;
  • Potential risks to confidentiality of information due to technology in the provision of telepractice;
  • Potential risks of disruption in the use of telepractice;
  • When and how the licensee will respond to routine electronic messages;
  • In what circumstances the licensee will use alternative communications for emergency purposes;
  • Who else may have access to client communications with the licensee;
  • How communications can be directed to a specific licensee;
  • How the licensee stores electronic communications from the client; and
  • That the licensee may elect to discontinue the provision of services through telehealth.

SOURCE: KY 201 KAR 17:110. (Accessed Aug. 2022).

See Medicaid Consent section for consent requirements established by the Cabinet for Health and Family Services.

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Louisiana

Last updated 08/03/2022

Disclosures

Prior to utilizing telemedicine a physician shall insure that …

Disclosures

Prior to utilizing telemedicine a physician shall insure that the following disclosures have been made to the patient and documented in the medical record. Such disclosures need not be made or documented more than once, except to update the information provided:

  • The name, Louisiana medical license number and contact information [address, telephone number(s)] of the physician;
  • The physician’s specialty or area of practice;
  • How to receive follow-up and emergency care;
  • How to obtain copies of medical records and/or insure transmission to another medical provider;
  • How to receive care in the event of a technology or equipment failure; and
  • Notification of privacy practices concerning individually identifiable health information, consistent with state and federal laws and regulations.

In addition to any informed consent and right to privacy and confidentiality that may be required by state or federal law or regulation, a physician shall insure that each patient to whom he or she provides medical services by telemedicine is:

  • Informed of the relationship between the physician and patient and the respective role of any other health care provider with respect to management of the patient; and
  • Notified that he or she may decline to receive medical services by telemedicine and may withdraw from
    such care at any time.

SOURCE: LA Admin. Code 46:XLV.7507 & 7511. p. 250-251 (Accessed Aug. 2022).

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Maine

Last updated 07/25/2022

Board of Licensure in Medicine & Board of Osteopathic Licensure

Board of Licensure in Medicine & Board of Osteopathic Licensure

A licensee who uses telemedicine in providing health care shall ensure that the patient provides appropriate informed consent for the health care services provided, including consent for the use of telemedicine to examine, consult, diagnose and treat the patient, and that such informed consent is timely documented in the patient’s medical record.

SOURCE: ME Regulation Sec. 02-373-6 & 02-383-6. (Accessed Jul. 2022).

Recently Passed Legislation

The department may not require a licensed facility to obtain written informed consent from a person receiving mental health services or substance use disorder treatment from the licensed facility during a public health emergency. A licensed facility shall obtain consent from a person receiving mental health services or substance use disorder treatment during a public health emergency; such consent may be obtained through verbal, electronic or written means.

The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

SOURCE: ME Revised Statutes Annotated, Title 22, Ch. 1, Subchapter 2. §51 as enacted by L.D. 1758 (2022 Session). (Accessed Jul. 2022).

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Maryland

Last updated 08/02/2022

In establishing a relationship between a practitioner and patient through …

In establishing a relationship between a practitioner and patient through interactive or asynchronous telehealth, health care practitioners must obtain oral or written consent from the patient or from the patient’s parent or guardian.

SOURCE: MD Health Occupations Code Sec. 1-1002(3). (Accessed Aug. 2022).

Board of Examiners for Audiologists, Hearing Aid Dispensers and Speech Language Pathologists

Telehealth providers must inform patients and consultants of the following:

  • The inability to have direct, physical contact with the patient is a primary difference between telehealth and direct in-person service delivery;
  • The knowledge, experiences, and qualifications of the consultant providing data and information to the provider of the telehealth services need not be completely known to and understood by the provider;
  • The quality of transmitted data may affect the quality of services provided by the provider;
  • That changes in the environment and test conditions could be impossible to make during delivery of telehealth services;

Telehealth services may not be provided by correspondence only.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.41.06.04. (Accessed Aug. 2022).

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Massachusetts

Last updated 08/28/2022

No Reference Found

No Reference Found

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Michigan

Last updated 09/03/2022

A health professional shall not provide a telehealth service without …

A health professional shall not provide a telehealth service without directly or indirectly obtaining consent for treatment. This does not apply to a health professional who is providing a telehealth service to an inmate who is under the jurisdiction of the department of corrections and is housed in a correctional facility.

SOURCE: MI Compiled Laws Sec. 333.16284.  (Accessed Sept. 2022).

Social Work

A social service technician registrant or social work licensee shall obtain consent before providing a telehealth service.

SOURCE: MI Admin Code 338.2930, (Accessed Sept. 2022).

Optometry

An optometrist who provides telehealth services shall obtain informed consent for an established patient or informed consent for a new patient before providing  
a telehealth service pursuant to section 16284 of the code, MCL 333.16284.  An optometrist who provides a telehealth service shall maintain evidence of the  
informed consent in the patient record and shall retain evidence of the informed consent in compliance with section 16213 of the code, MCL 333.16213.  

SOURCE: MI Administrative Code R 338.306 (Accessed Sept. 2022).

Ostheopathic Medicine and Surgery, Athletic Trainers, Massage Therapy, Veterinary Medicine, Behavior Analyst, Respiratory Care, Board of Medicine, Genetic Counseling, Psychology, Marriage and Family Therapy, Pediatric Medicine and Surgery

Consent for treatment must be obtained before providing a telehealth service pursuant to section 16284 of the code, MCL 333.16284. Evidence of consent for treatment must be maintained in a client/patient’s medical record and etain evidence of the informed consent in compliance with section 16213 of the code, MCL 333.16213.

SOURCE: MI Administrative Code R 338.114. MI Administrative Code R 338.1302, MI Administrative Code 338.702. MI Administrative Code R 338.4901a. MI Administrative Code R. 338.1832, MI Administrative Code R. 338.2201b, MI Administrative Code R. 338.2407, MI Administrative Code R. 338.2455, MI Administrative Code R. 338.2526, MI Administrative Code R. 338.7204, MI Administrative Code R 338.8245. (Accessed Sept. 2022).

Acupuncturist 

An acupuncturist shall obtain consent before providing a telehealth service pursuant to section 16284 of the code, MCL 333.16284.

SOURCE: MI Administrative Code 338.13003. (Accessed Sept. 2022).

Audiology

A licensee shall obtain consent from the patient for treatment before providing a telehealth service.

SOURCE: MI Administrative Code 338.13, (Accessed Sept. 2022).

 

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Minnesota

Last updated 08/03/2022

No Reference Found

No Reference Found

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Mississippi

Last updated 08/24/2022

Practice of Medicine

The provider using telemedicine should obtain the …

Practice of Medicine

The provider using telemedicine 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 5.2. (Accessed Aug. 2022).

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 Aug. 2022).

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Missouri

Last updated 08/22/2022

Collaborative Practice Arrangement with Nurses & Assistant Physician Collaborative Practice

Collaborative Practice Arrangement with Nurses & Assistant Physician Collaborative Practice Agreements

Telehealth providers shall obtain patient’s or the patient’s guardian’s consent before telehealth services are initiated and shall document the patient’s or the patient’s guardian’s consent in the patient’s file or chart. All telehealth activities must comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, as amended and all other applicable state and federal laws and regulations.

SOURCE: MO Code of State Regulation. Title 20, 2150-2.240 & Sec. 20, 2150-5.100. (Accessed Aug. 2022)

Nurses

Telehealth providers shall be required to obtain patient consent before telehealth services are initiated and ensure confidentiality of medical information.

SOURCE: MO Revised Statute Title XXII Occupations and Professions Ch. 335.175. (Accessed Aug. 2022).

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Montana

Last updated 08/01/2022

Board of Psychologists

Licensees shall not commence a licensee-patient relationship …

Board of Psychologists

Licensees shall not commence a licensee-patient relationship via telehealth without an initial meeting for the licensee and patient who prospectively utilize telehealth. The licensee shall, at that initial meeting with the patient … inform the patient in writing about and obtain the patient’s informed written consent (see rule for requirements).

SOURCE: MT Admin Rules Sec. 24.189.415, (Accessed Aug. 2022).

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Nebraska

Last updated 08/25/2022

No Reference Found.  See Medicaid section for Medicaid-specific consent requirements.…

No Reference Found.  See Medicaid section for Medicaid-specific consent requirements.

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Nevada

Last updated 08/17/2022

Insurers shall not:

  • Require an enrollee to establish an in-person

Insurers shall not:

  • Require an enrollee to establish an in-person relationship with a provider or provide any additional consent to or reason for obtaining services through telehealth.

SOURCE: NV Revised Statute Sec. 689A.0463; Sec. 689B.0369; Sec. 689C.195; Sec. 616C.730; Sec. 695A.265; Sec. 695B.1904; Sec. 695C.1708; Sec. 695D.216; & Sec. 695G.162. (Accessed Aug. 2022).

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New Hampshire

Last updated 08/18/2022

Patient consent is required prior to forwarding medical records to …

Patient consent is required prior to forwarding medical records to the patient’s primary care or treating provider, if appropriate.

SOURCE: NH Revised Statutes Annotated, 329:1-d-V(c) (Accessed Aug. 2022).

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New Jersey

Last updated 09/06/2022

At the time the patient requests health care services to …

At the time the patient requests health care services to be provided using telemedicine or telehealth, the patient shall be clearly advised that the telemedicine or telehealth encounter may be with a health care provider who is not a physician, and that the patient may specifically request that the telemedicine or telehealth encounter be scheduled with a physician. If the patient requests that the telemedicine or telehealth encounter be with a physician, the encounter shall be scheduled with a physician.  See statute for requirements if the health care provider is not a physician.

Following the provision of services using telemedicine or telehealth, the patient’s medical information shall be entered into the patient’s medical record, whether the medical record is a physical record, an electronic health record, or both, and, if so requested by the patient, forwarded directly to the patient’s primary care provider, health care provider of record, or any other health care providers as may be specified by the patient. For patients without a primary care provider or other health care provider of record, the health care provider engaging in telemedicine or telehealth may advise the patient to contact a primary care provider, and, upon request by the patient, shall assist the patient with locating a primary care provider or other in-person medical assistance that, to the extent possible, is located within reasonable proximity to the patient. The health care provider engaging in telemedicine or telehealth shall also refer the patient to appropriate follow up care where necessary, including making appropriate referrals for in-person care or emergency or complementary care, if needed. Consent may be oral, written, or digital in nature, provided that the chosen method of consent is deemed appropriate under the standard of care.

Consent for the waiver of in-person examination for the prescription of Schedule II controlled substances for a minor from the patient’s parent or guardian is also required.

SOURCE: NJ Statute C.45:1-62. (Accessed Sept. 2022). 

Prior to initiating contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a licensee shall:

  • Provide the client the opportunity to sign a consent form that authorizes the licensee to release client records of the encounter to the client’s primary care licensee or other healthcare provider identified by the client.

SOURCE: NJ Administrative Code 13:34-32.4, 13:35-2C.4, 13:37-8A.4, 13:35-12A.4, 13:35-6B.4 & 13:34-6A.4 . (Accessed Sept. 2022).

Prior to initiating contact with a patient, a licensee shall provide the patient the opportunity to sign a consent form that authorizes the licensee to release records of the encounter to the patient’s primary care provider or other health care provider identified by the patient.

SOURCE: NJ Administrative Code 13:35-8.24 & 13:44C-11.4. (Accessed Sept. 2022).

Prior to initiating contact with a patient, a licensed physical therapist or licensed physical therapist assistant shall provide the patient the opportunity to sign a consent form that authorizes the licensed physical therapist or licensed physical therapist assistant to release records of the encounter to the patient’s primary care licensed physical therapist or other health care provider identified by the patient.

SOURCE: NJ Administrative Code 13:39A-10.4. (Accessed Sept. 2022).

Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall:

  • Provide the client the opportunity to sign a consent form that authorizes the licensee to release records of the encounter to the patient’s primary care provider or other health care provider identified by the client.

SOURCE: NJ Administrative Code 13:44-4A.4. (Accessed Sept. 2022).

Prior to initiating contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensed dentist shall:

  • Provide the patient the opportunity to sign a consent form that authorizes the licensed dentist to release dental records of the encounter to the patient’s primary care licensed dentist or other healthcare provider identified by the patient.

SOURCE: NJ Administrative Code 13:30-9.4. (Accessed Sept. 2022).

Prior to initiating contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a licensed clinical alcohol and drug counselor shall:

  • Provide the client the opportunity to sign a consent form that authorizes the licensed clinical alcohol and drug counselor or the agency employing the licensee to release client records of the encounter to the client’s primary care licensed clinical alcohol and drug counselor or other healthcare provider identified by the client.

SOURCE: NJ Administrative Code 13:34C-7.4. (Accessed Sept. 2022).

Prior to initiating contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall:

  • Provide the patient the opportunity to sign a consent form that authorizes the licensee to release medical records of the encounter to the patient’s primary care licensee or other healthcare provider identified by the patient.

SOURCE: NJ Administrative Code 13:44F-11.4. (Accessed Sept. 2022).

Prior to initiating contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a licensee shall:

  • Provide the client the opportunity to sign a consent form that authorizes the licensee to release client records of the encounter to the client’s primary care licensee or other health care provider identified by the client.

SOURCE: NJ Administrative Code 13:44K-7.4. (Accessed Sept. 2022).

Prior to initiating contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall:

Provide the patient the opportunity to sign a consent form that authorizes the licensee to release medical records of the encounter to the patient’s primary care licensee or other healthcare provider identified by the patient.

SOURCE: NJ Admin Code 13:44L-7.4. (Accessed Sept. 2022).

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New Mexico

Last updated 08/05/2022

Hearing, Speech and Audiology Practitioners

A licensed audiologist, speech-language pathologist …

Hearing, Speech and Audiology Practitioners

A licensed audiologist, speech-language pathologist or hearing aid dispenser using telecommunication technology to deliver services to a client shall provide notice to the client, guardian, caregiver and multi-disciplinary team as appropriate, including but not limited to the right to refuse telehealth services, options for service delivery and instruction on filing and resolving complaints.

SOURCE: NM Administrative Code 16.26.2.20(G). (Accessed Aug. 2022).

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New York

Last updated 08/25/2022

Office of Alcoholism and Substance Abuse Services

All patients and …

Office of Alcoholism and Substance Abuse Services

All patients and prospective patients must have at least one in-person evaluation session with clinical staff prior to participation in telepractice. If found suitable for telepractice, the patient or prospective patient must execute a statement of informed consent prior to receiving services via telepractice. This evaluation for suitability for telepractice may be the same day as the first telepractice session.

SOURCE: NY Office of Alcoholism and Substance Abuse Services. Telepractice Standards for OASAS Designated Providers. (Dec. 2019), p 2, (Accessed Aug. 2022).

Telepractice sessions shall not be recorded without the patient’s written consent.

SOURCE: NY Codes, Rules and Regulations, Title 14, Chapter XXI, Part 830.5. (Accessed Aug. 2022).

Applied Behavior Analysis, Mental Health Practitioners, Psychology Practice & Social Work

Licensed behavior analysts (LBAs) and certified behavior analyst assistants (CBAAs)/Mental Health Practitioners/Psychologists/Social Workers should develop procedures for and obtain informed consent prior to providing remote services and ensure that informed consent includes both benefits and risks.

SOURCE: NY Office of the Professions, Applied Behavior Analysis, Practice Guidelines; Mental Health Practitioners, Telepractice; Psychology Practice, Telepractice Guidelines; Social Work, Telepractice Guidelines, (Accessed Aug. 2022).

Speech Language Pathology and Audiology

Should maintain appropriate documentation, including informed consent (risks and benefits) for use of telepractice which includes a client agreement to use a private environment with a secure connection, and documentation of the telepractice encounter.

SOURCE: NY Office of the Professions, Speech Language Pathology and Audiology Practice Guidelines, (Accessed Aug. 2022).

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North Carolina

Last updated 08/17/2022

A licensee who provides or facilitates the use of teledentistry

A licensee who provides or facilitates the use of teledentistry shall ensure that the informed consent of the patient or authorized person is obtained before services are provided through teledentistry. All informed consents shall be included in the patient’s dental records.

SOURCE: NC General Statutes 90-30.2. (Accessed Aug. 2022).

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North Dakota

Last updated 08/08/2022

Physical Therapy:

“Consultation by telehealth” means that a physical therapist …

Physical Therapy:

“Consultation by telehealth” means that a physical therapist renders professional or expert opinion or advice to another physical therapist or professional health care provider via electronic communications or computer technology from a distant location. The patient’s written or verbal consent will be obtained and documented prior to such consultation. All records used or resulting from a consultation by means of telehealth are part of a patient’s record and are subject to applicable confidentiality requirements.

SOURCE: ND Admin. Code 61.5-01-02-01(3). (Accessed Aug. 2022).

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Ohio

Last updated 09/07/2022

Speech Language Pathology

A provider is required to inform the …

Speech Language Pathology

A provider is required to inform the patient of specific telehealth limitations. See rule for specific requirements.

SOURCE: OH Admin. Code 4753-2-01(D). (Accessed Sept. 2022).

In order to prescribe a drug that is not a controlled substance to a patient the physician has never conducted a physical examination on, and who is located remote from the physician, the physician must obtain the patient’s informed consent for treatment through a remote examination.

“Informed consent” means a process of communication between a patient and physician discussing the risks and benefits of, and alternatives to, treatment through a remote evaluation that results in the patient’s agreement or signed authorization to be treated through an evaluation conducted through appropriate technology when the physician is in a location remote from the patient.

Must be documented in patient’s record.  See rule for other requirements

SOURCE: OH Admin. Code 4731-11-09. (Accessed Sept. 2022).

Counseling, Social Work or Marriage and Family Therapy

During the initial session, licensees must establish informed consent in accordance with 4757-5-02(B) of the Administrative Code. Informed consent shall include information defining teletherapy delivery as practiced by the licensee, as well as potential risks, security issues, and confidentiality issue when receiving teletherapy. In the case of a minor client, the licensee must address any potential issues specifically associated with treating minors.

Informed consent should include a discussion of how teletherapy may affect billing and access to insurance benefits.

Licensees shall not provide services without client(s) informed consent which can be documented through verbal acknowledgement, online signature, or by signing a hard copy form. Licensees must make available to the client a copy of the consent documents regardless of the form of consent by the client.

SOURCE: OH Admin. Code 4757-5-13  (Accessed Sept. 2022).

 

 

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Oklahoma

Last updated 09/05/2022

If written consent is provided to a school district for …

If written consent is provided to a school district for assessment or treatment, such consent shall be effective for the school year for which it is granted and shall be renewed each subsequent school year. If an assessment or treatment is performed through telemedicine at a school site and if consent has been provided by the parent and is currently effective, the health professional shall not be required to verify that the parent is at the site. However, a child shall not be seen without consent.

SOURCE: OK Statutes Title 25, Chp. 21, Article 9 Sec.2005. (Accessed Sept. 2022).

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Oregon

Last updated 08/22/2022

Physical Therapy

Prior to the initiation of telehealth services, a …

Physical Therapy

Prior to the initiation of telehealth services, a Licensee shall obtain the patient’s consent to receive the services via telehealth. The consent may be verbal, written, or recorded and must be documented in the patient’s permanent record.

SOURCE: OR Administrative Rules, Sec. 848-040-0180(3). (Accessed Aug. 2022).

Occupational Therapy

Prior to initiation of occupational therapy services, an occupational therapy practitioner shall obtain informed consent of the delivery of service via telehealth from the patient/client.  The consent may be verbal, written or recorded and must be documented in the patient or client’s permanent health or education record.

SOURCE: OR Administrative Rules, Sec 339-010-006(4). (Accessed Aug. 2022).

Optometry

“Telehealth patient notice” means verbal and written notice given to the patient at the time of care that they are receiving telehealth services. Patients receiving refraction only services must receive that notification as well.

SOURCE: OAR 852-001-0002. (Accessed Aug. 2022).

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Pennsylvania

Last updated 09/06/2022

No Reference Found

No Reference Found

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Rhode Island

Last updated 07/20/2022

An agreement should be employed documenting patient informed consent for …

An agreement should be employed documenting patient informed consent for the use of patient-physician e-mail and other text based communications. The agreement should be discussed with the patient to ensure his/her understanding of the guidelines. The agreement should include the following terms:

  • Types of transmissions that will be permitted
  • Circumstances when alternate forms of communication or office visits should be utilized
  • Security measures, such as encryption of data, password protected screen savers and data files, or utilization of other reliable authentication techniques, as well as potential risks to privacy
  • Hold harmless clause for information lost due to technical failures
  • Requirement for express patient consent to forward patient-identifiable information to a third party
  • A statement noting that the patient’s failure to comply with the agreement may result in termination of the e-mail relationship

SOURCE: RI Department of Health. Telemedicine. (Accessed Jul. 2022).

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South Carolina

Last updated 08/12/2022

No Reference Found

No Reference Found

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South Dakota

Last updated 08/19/2022

A health care professional using telehealth shall follow any applicable …

A health care professional using telehealth shall follow any applicable state or federal statute or rule for informed consent.

SOURCE: SD Codified Laws Sec. 34-52-7. (Accessed Aug. 2022).

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Tennessee

Last updated 09/04/2022

For the purposes of this section, a healthcare provider-patient relationship …

For the purposes of this section, a healthcare provider-patient relationship with respect to telemedicine or telehealth is created by mutual consent and mutual communication, except in an emergency, between the patient and the provider. The consent by the patient may be expressed or implied consent; however, the provider-patient relationship is not created simply by the receipt of patient health information by a provider unless a prior provider-patient relationship exists. The duties and obligations created by the relationship do not arise until the healthcare provider:

  • Affirmatively undertakes to diagnose or treat the patient; or
  • Affirmatively participates in the diagnosis or treatment.

SOURCE:  TN Code Sec. 63-1-155 (Accessed Sept. 2022).

Dentists who are licensed in this state and who deliver services using teledentistry shall establish protocols for the practice that should include proper methods of keeping the patient fully informed.

SOURCE: TN Code Annotated 63-5-108, (Accessed Sept. 2022).

Worker’s Compensation

Telehealth services providers must obtain electronic or written informed consent of an injured worker to accept telehealth services for any or all parts of the medical benefits to which the injured worker may be entitled under the workers’ compensation law. For authorized telephone visits, verbal consent given by the patient before the service shall be documented by the provider. This service shall be in accordance with applicable CMS guidelines at the time of service. See rule for additional detailed requirements.

SOURCE:  TN Admin Code 0800-02-31.04, (Accessed Sept. 2022).

Optometry

An optometrist shall not render telehealth services, ophthalmic prescribing and eye health services, advice and/or care using telehealth technologies without:

Obtaining appropriate consents from requesting patients after disclosures regarding the delivery models and treatment methods or limitations, including any special informed consents regarding the use of telehealth technologies.

The consent by the patient may be expressed or implied consent; however, the optometrist-patient relationship is not created simply by the receipt of patient health information by an optometrist unless a prior optometrist-patient relationship exists.

SOURCE: TN Code 1045-02-.18, (Accessed Sept. 2022). 

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Texas

Last updated 09/07/2022

A treating physician, dentist, or health professional who provides or …

A treating physician, dentist, or health professional who provides or facilitates the use of telemedicine medical services, teledentistry dental services, or telehealth services shall ensure that the informed consent of the patient, or another appropriate individual authorized to make health care treatment decisions for the patient, is obtained before telemedicine medical services, teledentistry dental services, or telehealth services are provided.

A dentist who delegates a teledentistry dental service shall ensure that the informed consent of the patient includes disclosure to the patient that the dentist has delegated the service.

A child’s parent or legal guardian must provide consent before the child receives telemedicine services in a primary school-based setting.

SOURCE: TX Occupational Code Sec. 111.002 & TX Admin. Code, Title 1, Sec. 354.1432. (2016). (Accessed Sept. 2022).

A treating physician, dentist, or health professional who provides or facilitates the use of telemedicine medical services, teledentistry dental services, or telehealth services shall ensure that the informed consent of the patient, or another appropriate individual authorized to make health care treatment decisions for the patient, is obtained before telemedicine medical services, teledentistry dental services, or telehealth services are provided.

A dentist who delegates a teledentistry dental service shall ensure that the informed consent of the patient includes disclosure to the patient that the dentist has delegated the service.

SOURCE: Occupations Code Title 3, Subtitle A, Chapter 111, Sec. 11.002. (Accessed Sept. 2022).

Informed Consent. In addition to the informed consent requirements in §108.7 of this title, and §108.8 of this title, informed consent must include the following:

  • The delegating dentist’s name, Texas license number, credentials, qualifications, contact information, and practice location involved in the patient’s care. Additionally, the name, Texas license number, credentials, and qualifications of all dental hygienists and dental assistants involved in the patient’s care. This information must be publicly displayed and provided in writing to the patient; and
  • A dentist who delegates a teledentistry dental service must ensure that the informed consent of the patient includes disclosure to the patient that the dentist delegated the service.

SOURCE: TX Administrative Code Title 22, Part 5, Ch. 108, Rule 108.16. (Accessed Sept. 2022).

 

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Utah

Last updated 08/23/2022

A provider offering telehealth services shall, prior to each patient

A provider offering telehealth services shall, prior to each patient encounter, and at least annual intervals, obtain informed consent to the use of telehealth services by clear disclosure of:

  • additional fees for telehealth services, if any, and how payment is to be made for those additional fees if they are charged separately;
  • to whom patient health information may be disclosed and for what purpose, including clear reference to any patient consent governing release of patient-identifiable information to a third-party;
  • the rights of the patient with respect to patient health information;
  • appropriate uses and limitations of the site, including emergency health situations;
  • information affirming that the telehealth services meet industry security and privacy standards in Subsection 26-60-102(9)(b)(ii), and warning of potential risks to privacy regardless of the security measures;
  • a warning that information may be lost due to technical failures, and clearly referencing any patient consent to hold the provider harmless for such loss; and
  • information disclosing the website owner-operator, location, and contact information.

SOURCE: UT Admin Code R156-1-603. (Accessed Aug. 2022).

When a licensed dental professional uses teledentistry, the licensed professional shall ensure informed consent.  See regulations for requirements of consent.

SOURCE: UT Code, 58-69-807, (Accessed Aug. 2022).

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Vermont

Last updated 08/11/2022

A health care provider delivering health care services or dental

A health care provider delivering health care services or dental services through telemedicine must obtain and document a patient’s oral or written informed consent.  See law for special informed consent instructions third-party vendors, emergency situations, a psychiatrist’s examination and a patient receiving by store-and-forward means.

SOURCE: VT Statutes Annotated, Title 18 Sec. 9361 (Accessed Aug. 2022).

Audio-Only Telephone

A health care provider delivering health care services by audio-only telephone shall obtain and document a patient’s oral or written informed consent for the use of audio-only telephone prior to the appointment or at the start of the appointment but prior to delivering any billable service.

The informed consent for audio-only telephone services shall be provided in accordance with Vermont and national policies and guidelines on the appropriate use of telephone services within the provider’s profession and shall include, in language that patients can easily understand:

  • that the patient is entitled to choose to receive services by audio- only telephone, in person, or through telemedicine, to the extent clinically appropriate;
  • that receiving services by audio-only telephone does not preclude the patient from receiving services in person or through telemedicine at a later date;
  • an explanation of the opportunities and limitations of delivering and receiving health care services using audio-only telephone;
  • informing the patient of the presence of any other individual who will be participating in or listening to the patient’s consultation with the provider and obtaining the patient’s permission for the participation or observation;
  • whether the services will be billed to the patient’s health insurance plan if delivered by audio-only telephone and what this may mean for the patient’s financial responsibility for co-payments, coinsurance, and deductibles; and
  • informing the patient that not all audio-only health care services are covered by all health plans.

For services delivered by audio-only telephone on an ongoing basis, the health care provider shall be required to obtain consent only at the first episode of care.

If the patient provides oral informed consent, the provider shall offer to provide the patient with a written copy of the informed consent.

Notwithstanding any provision of this subsection to the contrary, a health care provider shall not be required to obtain a patient’s informed consent for the use of audio-only telephone services in the case of a medical emergency.

A health care provider may use a single informed consent form to address all telehealth modalities, including telemedicine, store and forward, and audio-only telephone, as long as the form complies with the provisions of section 9361 of this chapter and this section.

SOURCE: 18 Vermont Statute Annotated Ch. 219, Sec. 9362. (Accessed Aug. 2022).

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Virginia

Last updated 09/01/2022

Evidence documenting appropriate patient informed consent for the use of …

Evidence documenting appropriate patient informed consent for the use of telemedicine services must be obtained and maintained.  See guidance for list of what to include.

SOURCE: Telemedicine Guidance. Doc. # 85-12. VA Board of Medicine. P. 3 (Aug. 19, 2021). (Accessed Sept. 2022).

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Washington

Last updated 08/27/2022

A practitioner who uses telemedicine should ensure that the patient …

A practitioner who uses telemedicine should ensure that the patient provides appropriate informed consent, whether oral or written, for the medical services provided. A practitioner need not obtain informed consent in an emergency situation or in other situations recognized by Washington law.

SOURCE: Washington Medical Commission, Defining and Providing Guidance on Telemedicine Usage, p. 6 (November 19, 2021). (Accessed Aug. 2022)

For purposes of private payer contract requirements, “patient consent” means a voluntary and informed decision by a patient, following an explanation by the provider or auxiliary personnel under the general supervision of the provider presented in a manner understandable to the patient that is free of undue influence, fraud or duress, to consent to a provider billing the patient or the patient’s health plan for an audio-only telemedicine service under RCW 48.43.735 or WAC 284-170-433.

SOURCE: WA Rev. Code Sec. 284-170-130, as amended by Insurance Commissioner Permanent Rule. (Accessed Aug. 2022).

If a provider intends to bill a patient or a managed health care system for an audio-only telemedicine service, the provider must obtain patient consent for the billing in advance of the service being delivered. The authority may submit information on any potential violations of this subsection to the appropriate disciplining authority.

If the commissioner has cause to believe that a provider has engaged in a pattern of unresolved violations obtaining consent (as required above) the commissioner may submit information to the appropriate disciplining authority for action. Prior to submitting information to the appropriate disciplining authority, the commissioner may provide the provider with an opportunity to cure the alleged violations.  See text for additional information.

SOURCE: Revised Code of Washington 71.24.335, 74.09.325, 48.43.735 41.05.700. (Accessed Aug. 2022).

A covered person’s consent must be obtained prior to initiation of the first audio-only encounter with a provider and may constitute consent to such encounters for a period of up to 12 months. If audio-only encounters continue beyond an initial 12-month period, consent must be obtained from the covered person for each prospective 12-month period.

Consent to be billed for audio-only telemedicine services must be obtained by the provider or auxiliary personnel under the general supervision of the provider. A covered person may consent to a provider billing them or their health plan in writing or verbally. Consent to billing for an audio-only telemedicine encounter may be obtained and documented by the provider or auxiliary personnel under the general supervision of the provider as part of the process of making an appointment for an audio-only telemedicine encounter, recorded verbally as part of the audio-only telemedicine encounter record or otherwise documented in the patient record. Consent must be documented and retained by the provider for a minimum of five years. As needed, a carrier also may request documentation of the covered person’s consent as a condition of claim payment.

A patient may revoke consent granted under this subsection. Revocation of the patient’s consent must be communicated by the patient or their authorized representative to the provider or auxiliary personnel under the general supervision of the provider verbally or in writing and must be documented and retained by the provider for a minimum of five years. Once consent is revoked, the revocation must operate prospectively.

SOURCE: WAC 284-170-433. (Accessed Aug. 2022).

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West Virginia

Last updated 08/31/2022

Physicians and podiatrists must obtain from the patient appropriate consent …

Physicians and podiatrists must obtain from the patient appropriate consent for the use of telemedicine technologies.

SOURCE: WV Statute Sec. 30-14-12d & 30-3-13a. (Accessed Aug. 2022).

Athletic Trainers, Physical Therapists

An athletic trainer and physical therapist that provides telehealth services must obtain and maintain the informed consent of the patient, or of another individual authorized to make health care treatment decisions for the patient, prior to the provision of telehealth services.

SOURCE: WV Admin. Law Sec. 16-5-13.6,  WV Admin. Law Sec. 16-01-12.6, (Accessed Aug. 2022).

Occupational Therapy

Occupational therapy personnel shall obtain informed consent of the delivery of service via telehealth from the patient/client prior to initiation of occupational therapy services via telehealth and maintain documentation of the consent-to-treat process and content in the patient’s or client’s health records.

SOURCE: WV Admin. Law Sec. 13-09-5.1.c, (Accessed Aug. 2022).

Veterinarians

A veterinarian shall provide a client a clear mechanism to consent for the use of telehealth. As part of establishing the veterinarian-client relationship, the veterinarian assumes responsibility for medical judgements regarding the health of an animal and the client who is the owner or owner’s advocate of the animal consents to the veterinarian’s treatment plan.

SOURCE: WV Statute Sec. 30-10-24, as added by HB 4570 (2022 Session). (Accessed Aug. 2022).

Final Rule (Effective until August 1st, 2027) – Dentistry

In providing teledentistry services, a licensee or registrant shall, to the extent possible:

Obtain an appropriate informed consent from the requesting patient after disclosures have been made regarding the delivery models and treatment methods and limitations, to include any special informed consents regarding the use of teledentistry services.

See rule for more details about the requirements for informed consent in teledentistry.

SOURCE: WV Admin Law 5-16-4 (Accessed Aug. 2022).

Final Rule (Effective until August 1, 2030) – Social Workers

Prior to the provision of service, the social worker should obtain informed consent specific to telehealth services using appropriate language understandable to the client.  The practitioner-client relationship is established at the time informed consent is obtained.

SOURCE: WV Admin Law 25-1-5. (Accessed Aug. 2022).

Final Rule (Effective until August 1, 2027) – Nurses

A telehealth provider must obtain the patient’s consent to receive telehealth services.

SOURCE: WV Admin Law 19-16-7. (Accessed Aug. 2022).

Emergency Rule (Effective until August 1, 2027) – Professional Counselors & Marriage and Family Therapists

A telehealth provider must obtain the patient’s consent to receive telehealth services.

SOURCE: WV Admin Law 27-14-6. (Accessed Aug. 2022).

Final Rule (Effective until August 1st, 2027) – Osteopathic Medicine & Medicine

With the exception of the practice of pathology and radiology, a telehealth provider shall obtain the patient’s consent to receive telehealth services.

SOURCE: WV Admin Law 24-10-7 & WV Admin Law 11-15-7. (Accessed Aug. 2022).

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Wisconsin

Last updated 09/02/2022

Informed consent required.

SOURCE: WI Admin. Code MED Ch. 24.07(c).

Wyoming

Last updated 07/19/2022

Licensees shall ensure that patients have provided informed consent to …

Licensees shall ensure that patients have provided informed consent to the use of telehealth technology.

  • Licensees shall disclose the risks of potential technology failures, including the potential loss of medical records or other information, and patients must provide their informed consent to these risks.
  • If applicable, licensees shall disclose that they may photograph, record, videotape, and store records of the services electronically, and patients must provide their informed consent to these actions.
  • Patients may provide their informed consent to these risks or actions through verbal or written agreement, including by email.

SOURCE: WY Admin Rules. Board of Physical Therapy. Ch. 7 Sec. 9. (Accessed Jul. 2022).

The OT shall obtain informed consent of the delivery of service via telehealth from the client prior to initiation of occupational therapy services via telehealth and maintain documentation in the client’s health record.

SOURCE: WY Admin Rules. Board of Occupational Therapy. Ch. 3 Sec. 4. (Accessed Jul. 2022).

Informed Consent. Evidence documenting appropriate patient informed consent for the use of telehealth technologies must be obtained and maintained. Appropriate informed consent should, at a minimum, include the following terms:

  • Identification of the patient, the provider and the provider’s credentials;
  • Types of transmissions permitted using telehealth technologies (e.g. appointment scheduling, patient education, etc.);
  • The patient agrees that the licensee determines whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter; and
  • Details on 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 notwithstanding such measures, and adherence to all applicable Health Insurance Portability and Accountability Act standards.

SOURCE: WY Admin Rules. Board of Chiropractic Examiners. Ch. 11 Sec. 2. (Accessed Jul. 2022).

An individual who provides telehealth services to a patient in Wyoming shall: … Provide the patient, or the patient’s legal guardian, the opportunity to either sign or provide verbal consent to telehealth services

SOURCE: WY Admin Rules, Board of Athletic Trainers, Ch. 10, (Accessed Jul. 2022).

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Professional Requirements

Consent Requirements

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