Health-care providers licensed by the following professional boards are authorized to deliver health-care services by telehealth and telemedicine:
- The Board of Podiatry created pursuant to Chapter 5 of this title.
- The Board of Chiropractic created pursuant to Chapter 7 of this title.
- The Board of Medical Practice created pursuant Chapter 17 of this title.
- The State Board of Dentistry and Dental Hygiene created pursuant to Chapter 11 of this title.
- The Delaware Board of Nursing created pursuant to Chapter 19 of this title.
- The Board of Occupational Therapy Practice created pursuant to Chapter 20 of this title.
- The Board of Examiners in Optometry created pursuant to Chapter 21 of this title.
- The Board of Pharmacy created pursuant to Chapter 25 of this title.
- The Board of Mental Health and Chemical Dependency Professionals created pursuant to Chapter 30 of this title.
- The Board of Examiners of Psychologists created pursuant to Chapter 35 of this title.
- The State Board of Dietetics/Nutrition created pursuant to Chapter 38 of this title.
- The Board of Social Work Examiners created pursuant to Chapter 39 of this title.
A professional board may promulgate or revise regulations and establish or revise rules applicable to health-care providers under the professional Board’s jurisdiction in order to facilitate the provision of telehealth and telemedicine services.
A health-care provider using telemedicine and telehealth technologies to deliver health-care services to a patient must, prior to diagnosis and treatment, do at least one of the following:
- Provide an appropriate examination in-person.
- Require another Delaware-licensed health-care provider be present at the originating site with the patient at the time of the diagnosis.
- Make a diagnosis using audio or visual communication.
- Meet the standard of service required by applicable professional societies in guidelines developed for establishing a health-care provider-patient relationship as part of an evidenced-based clinical practice in telemedicine.
After a health-care provider-patient relationship is properly established in accordance with this section, subsequent treatment of the same patient by the same health-care provider need not satisfy the limitations of this section.
A health-care provider treating a patient through telemedicine and telehealth must maintain complete records of the patient’s care and follow all applicable state and federal statutes and regulations for recordkeeping, confidentiality, and disclosure to the patient.
Telehealth and telemedicine services shall include, if required by the applicable professional board listed, use of the Delaware Health Information Network (DHIN) in connection with the practice.
Nothing in this section shall be construed to limit the practice of radiology or pathology.
Telehealth and telemedicine may be practiced without a health-care provider-patient relationship during:
- Informal consultation performed by a health-care provider outside the context of a contractual relationship and on an irregular or infrequent basis without the expectation or exchange of direct or indirect compensation.
- Furnishing of assistance by a health-care provider in case of an emergency or disaster when circumstances do not permit the establishment of a health-care provider-patient relationship prior to the provision of care if no charge is made for the medical assistance.
- Episodic consultation by a specialist located in another jurisdiction who provides such consultation services at the request of a licensed health-care professional.
- Circumstances which make it impractical for a patient to consult with the health-care provider in-person prior to the delivery of telemedicine services.
A mental health provider, behavioral health provider, or social worker licensed in another jurisdiction who would be authorized to deliver health-care services by telehealth or telemedicine under this chapter if licensed in this State pursuant to Chapter 30 (Mental Health and Chemical Dependency Professionals), Chapter 35 (Psychologists), or Chapter 38 (Social Workers) of this title may provide treatment to Delaware residents through telehealth and telemedicine services. The Division of Professional Regulation shall require any out-of-state health-care provider practicing in this State pursuant to this section to complete a Medical Request Form and comply with any other registration requirements the Division of Professional Regulation may establish.
SOURCE: HB 160 (2021 Session) (Accessed July 2021)
Physical Therapists and Athletic Trainers
SOURCE: DE Statute Title 24, Sec. 2602 (Accessed July 2021).
Board of Clinical Social Work Examiners
SOURCE: 24 DAC 3920. (Accessed July 2021).
Board of Dentistry and Dental Hygiene
SOURCE: 24 DAC 1100 (Accessed July 2021).
SOURCE: 24 DAC 2500 (Accessed July 2021).