Consent Requirements

No reference found.

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 June 2021).

Speech-Language Pathology

Providers who provides 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 July 2021)

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 as amended by House Bill 2454 (2021 Session)  (Accessed May 2021).

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

SOURCE: AR Code 17-80-404. (Accessed Feb. 2021).

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 Feb. 2021). 

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 Feb. 2021). 

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 Feb. 2021).

See Medicaid section for Consent requirements.

Workers’ Compensation

The patient is required to provide the appropriate consent for treatment.

SOURCE: 7 CO Regs. Rule 1101-3, 18-5(I)(3)(b), p. 34. (Accessed Feb. 2021).

Effective Now Until June 30, 2023

Notwithstanding the provisions of section 19a-906 of the general statutes, if a telehealth provider provides a telehealth service to a patient during the period beginning on the effective date of this section and ending on June 30, 2023, 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 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 the effective date of this section and ending on June 30, 2023, 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 the effective date of this section and ending on June 30, 2023, 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) (Accessed June 2021).

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 patients legal guardian, conservator or other authorized representative, as applicable.

SOURCE: CA Gen. Statutes Sec. 19a-906(b)(2).  (Accessed June 2021).

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

SOURCE: HB 160 (2021 Session). Accessed July 2021.

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 2600. (Accessed July 2021).

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

Must obtain and document consent.

SOURCE: DC Regs. Sec. 17-4618.2 (Accessed Feb. 2021).

No Reference Found

No Reference Found

No Reference Found

A patient’s consent must be obtained.

SOURCE: ID Code Sec. 54-5708. (Accessed Feb. 2021).

No Reference Found

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 telemedicine services.

SOURCE: IN Code, 16-36-1-15. (Accessed Feb. 2021). 

Recently Passed Legislation

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: Senate File 2261 (2020 Session).  (Accessed Feb. 2021).

No Reference Found

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 May 2021).

Patient consent must be obtained by:

• Physicians;
• Chiropractors;
• Nurses;
• Dentists;
• Dieticians or nutritionist;
• Pharmacist;
• Psychologists or psychological associate;
• Occupational therapists;
• Optometrist
• Physical therapists;
• Speech language pathologists or audiologists;
• Social workers;
• Marriage/family therapists;
• Respiratory care practitioner

SOURCE: Cited in various sections of law. Originated from HB 177 (2000). (Accessed May 2021).

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 May 2021).

Physicians must inform telemedicine patients of the relationship between the physician and patient, and the role of any other health care provider with respect to management of the patient.  The patient may decline to receive telemedicine services and withdraw from such care at any time.

SOURCE: LA Admin. Code 46:XLV.7511. (Accessed Feb. 2021).

Board of Licensure in Medicine & Board of Osteopathic Licensure

A licensee who uses telemedicine shall ensure the patient provides appropriate informed consent for the health care services provided, including consent for the use of telemedicine, which must be documented in the patient’s medical record.

SOURCE: ME Regulation Sec. 02-373-6 & 02-383-6. (Accessed Feb. 2021).

Health care practitioners must obtain oral or written consent from the patient or from the patient’s parent or guardian.

SOURCE: HB 448 & SB 402. (2020 Session). (Accessed Feb. 2021).

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 Feb. 2021).

No Reference Found

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 Feb. 2021).

No Reference Found

The physician 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, Sec. 2635, Rule 5.3. (Accessed Feb. 2021).

Collaborative Care Arrangement

Telehealth providers (including Advanced Practice Registered Nurses who providing nursing services under a collaborative practice arrangement) are required to obtain patient (or the patient’s guardian’s) consent and document consent in patient’s record.

SOURCE: MO Code of State Regulation. Title 20, 2150-2.240(2(F) & Sec. 20, 2150-5.100(3(H); & MO Revised Statute Title XXII Occupations and Professions Ch. 335.175. (Accessed Feb. 2021).

No Reference Found

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

No Reference Found

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

SOURCE: NH Revised Statutes Annotated, 329:1-d-V(c) (Accessed Jul. 2021).

Following the provision of services using telemedicine or telehealth, the patient’s medical information shall be made available to the patient upon the patient’s request, and, with the patient’s affirmative consent, forwarded directly to the patient’s primary care provider or health care provider of record, or, upon request by the patient, to other health care providers. 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, 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 emergency or complimentary 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 Jul. 2021).

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 Jul. 2021).

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 Jul. 2021).

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 Feb. 2021).

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 Jul. 2021).

Speech Language Pathology and Audiology

Should maintaining 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 Jul. 2021).

No Reference Found

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 Jul. 2021).

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 Jul. 2021).

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 Jul. 2021).

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 Jun. 2021).

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 Jun. 2021).

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 Jun. 2021).

No Reference Found

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
• 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 Jun. 2021).

No Reference Found

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 Apr 2021).

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 Jun. 2021).

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 Jun. 2021).

A treating physician or health professional who provides or facilitates the use of telemedicine medical 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 or telehealth services are provided.

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 Jun. 2021).

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.  See regulation for detailed list of disclosures needed.

SOURCE: UT Admin Code R156-1-603. (Accessed Jun. 2021).

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

SOURCE: UT Code, 58-69-807, (Accessed Jun. 2021).

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 teleophthalmology or teledermatology by store-and-forward means.

SOURCE: VT Statutes Annotated, Title 18 Sec. 9361 (Accessed May 2021).

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, & Senate Bill 117 (2021 Session), (Accessed May 2021).

Informed consent must be obtained and maintained.

SOURCE: Telemedicine Guidance. Doc. # 85-12. VA Board of Medicine. P. 3 (October 28, 2018). (Accessed May 2021).

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 as revised by House Bill 1196 (2021 Session), (Accessed May 2021).

As with medical care involving in-person contact, a practitioner should obtain and document appropriate informed consent for

Telemedicine encounters. Because of the unique characteristics of Telemedicine, it is best practice for the informed consent to include:

• Reasonable understanding by all parties of the enabling technologies utilized, their capabilities and limitations, and a mutual agreement that they are appropriate for the circumstances;
• The credentials of the practitioner.

SOURCE: Washington Medical Quality Assurance Commission, Guidelines for Appropriate Use of the Internet in Medical Practice, p. 3, Oct. 3, 2014, (Accessed May 2021).

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 as amended by HB 2024 (2021 Session), (Accessed May 2021).

An athletic trainer 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. 16-05, (Accessed May 2021).

A 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. 16-01, (Accessed May 2021).

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, (Accessed May 2021).

Informed consent required.

SOURCE: WI Admin. Code MED Ch. 24.07(c). (Accessed May 2021).

Written or oral consent required for physical therapy.

SOURCE: WY Admin Rules. Board of Physical Therapy. Ch. 1 Sec. 4. (Accessed May 2021).

Informed consent is required for occupational therapy.

SOURCE: WY Admin Rules. Board of Occupational Therapy. Ch. 3 Sec. 4. (Accessed May 2021).

Informed consent is required for chiropractic services.

SOURCE: WY Admin Rules. Board of Chiropractic Examiners. Ch. 11 Sec. 2. (Accessed May 2021).