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 Feb. 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. Feb. 2021)

Providers must obtain and document verbal or written consent before delivery of services.  Verbal consent should be documented on the patient’s medical record.

The consent requirement does not apply in the following circumstances:

• If the telemedicine 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: AZ Revised Statute Sec. 36-3602. (Accessed Feb. 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).

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: CT General Statute 19a, Sec. 906(b)(2) (Accessed Feb. 2021).

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

SOURCE:  Title 24, Sec. 1769D & DE Code Title 24, Sec. 1933. (Accessed Feb. 2021).

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 Feb. 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).

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A patient’s consent must be obtained.

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

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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 Feb. 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 Feb. 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 Feb. 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).

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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 Feb. 2021).

With a patient’s oral, written, or digital consent, the patient’s medical information may be 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.

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

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Physical Therapy:

The physical therapist may use telehealth technology as a vehicle for providing only services that are legally or professionally authorized. The patient’s written or verbal consent will be obtained and documented prior to such consultation.

SOURCE: ND Admin. Code 61.5-01-02-01(3). (Accessed Feb. 2021).

Speech Language Pathology

A provider is required to inform the patient of specific telehealth limitations.

SOURCE: OH Admin. Code 4753-2-01(D). (Accessed Feb. 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 informed consent (“patient’s agreement or signed authorization”).  Must be documented in patient’s record.

SOURCE: OH Admin. Code 4731-11-09. (Accessed Feb. 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 (SB 575 – 2019 Session). (Accessed Feb. 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 Feb. 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 Feb. 2021).

No Reference Found

An informed consent agreement should be employed for the use of patient-physician email and other text-based communications.

The agreement should include:

• 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 Feb. 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 & HB 8002 (2020 Session). (Accessed Feb. 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. SB 1214 (Accessed Feb. 2021).

Consent required prior to telemedicine or telehealth services.

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 Feb. 2021).

A provider offering telehealth services shall, prior to each patient encounter obtain informed consent to the use of telehealth services.

SOURCE: UT Admin Code R156-1-602 (2(b)). (Accessed Feb. 2021).

When a licensed dental professional uses teledentistry, the licensed professional shall ensure informed consent.

SOURCE: UT Code, 58-69-102 (12), (SB 135 – 2020 Session) (Accessed Feb. 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 Feb. 2021).

Informed consent must be obtained and maintained.

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

Must obtain consent.

SOURCE: WV Code Sec. 30-14-12D.(d(6)). (Accessed Feb. 2021).

Informed consent required.

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

Written or oral consent required for physical therapy.

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

Informed consent is required for occupational therapy.

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

Informed consent is required for chiropractic services.

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