Utah

CURRENT STATE LAWS & POLICY


AT A GLANCE

Medicaid Program

Utah Medicaid

Administrator

Utah Department of Health

Regional Telehealth Resource Center

Northwest Regional Telehealth Resource Center

Medicaid Reimbursement

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

Private Payer Law

Law Exists: Yes
Payment Parity: No

Professional Requirements

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

Last updated 06/09/2021

Audio-Only Delivery

Medicaid: Telehealth FAQs for COVID-19 or access via PDF.

STATUS: Active, until the end of the month in which the UT state of emergency ends

Medicaid: Distance Education and LEA Guidance

STATUS: Active, until the end of the month in which the UT state of emergency ends

Medicaid 1915(c) Waiver: Appendix K – Combined Utah Community Supports Waiver; Aging Waiver; Acquired Brain Injury Waiver; Physical Disabilities Waiver; New Choices Waiver; Medically Complex Children’s Waiver; Technology Dependent Waiver

STATUS: Active, expires 6 months following the conclusion of the PHE

Medicaid 1915(c) Waiver: Appendix K – Combined Addendum Utah Community Supports Waiver; Aging Waiver; Acquired Brain Injury Waiver; Physical Disabilities Waiver; New Choices Waiver; Medically Complex Children’s Waiver; Technology Dependent Waiver Community Transitions Waiver

STATUS: Active, expires 6 months following the conclusion of the PHE

Medicaid 1915(c) Waiver: Appendix K Extension – Combined Addendum Utah Community Supports Waiver; Aging Waiver; Acquired Brain Injury Waiver; Physical Disabilities Waiver; New Choices Waiver; Medically Complex Children’s Waiver; Technology Dependent Waiver Community Transitions Waiver

STATUS: Active, expires 6 months following the conclusion of the PHE

Last updated 06/09/2021

Cross-State Licensing

Department of Health: Telehealth Resources

STATUS: Active

Last updated 06/09/2021

Easing Prescribing Requirements

Office of the Governor:  Executive Order on Telehealth Services

STATUS: Active, until UT state of emergency ends

Last updated 06/09/2021

Miscellaneous

Medicaid 1915(c) Waiver: Appendix K Extension – Combined Addendum Utah Community Supports Waiver; Aging Waiver; Acquired Brain Injury Waiver; Physical Disabilities Waiver; New Choices Waiver; Medically Complex Children’s Waiver; Technology Dependent Waiver Community Transitions Waiver

STATUS: Active, expires 6 months following the conclusion of the PHE

Office of the Governor: Executive Order related to HIPAA

STATUS: Active, until UT state of emergency ends

Last updated 06/09/2021

Originating Site

No Reference Found

Last updated 06/09/2021

Private Payer

Department of Insurance:  Telehealth Services by Insurers

STATUS: Active

Department of Health: Telehealth Resources

STATUS: Active

Last updated 06/09/2021

Provider Type

Medicaid: Teledentistry Guidance

STATUS: Active, until the end of the month in which the UT state of emergency ends

Medicaid: Distance Education and LEA Guidance

STATUS: Active, until the end of the month in which the UT state of emergency ends

Last updated 06/09/2021

Service Expansion

Medicaid: Telehealth FAQs for COVID-19 or access via PDF.

STATUS: Active, until the end of the month in which the UT state of emergency ends

Medicaid: Teledentistry Guidance

STATUS: Active, until the end of the month in which the UT state of emergency ends

Medicaid: Distance Education and LEA Guidance

STATUS: Active, until the end of the month in which the UT state of emergency ends

Medicaid:  Applied Behavior Analysis Services Temporary Policy

STATUS: Active

Medicaid:  Emergency Rule related to teledentistry and synchronous telehealth

STATUS: Expired

Medicaid 1915(c) Waiver: Appendix K – Combined Utah Community Supports Waiver; Aging Waiver; Acquired Brain Injury Waiver; Physical Disabilities Waiver; New Choices Waiver; Medically Complex Children’s Waiver; Technology Dependent Waiver

STATUS: Active, expires 6 months following conclusion of the PHE.

Medicaid 1915(c) Waiver: Appendix K – Combined Addendum Utah Community Supports Waiver; Aging Waiver; Acquired Brain Injury Waiver; Physical Disabilities Waiver; New Choices Waiver; Medically Complex Children’s Waiver; Technology Dependent Waiver Community Transitions Waiver

STATUS: Active, expires 6 months following conclusion of the PHE.

Medicaid 1915(c) Waiver: Appendix K Extension – Combined Addendum Utah Community Supports Waiver; Aging Waiver; Acquired Brain Injury Waiver; Physical Disabilities Waiver; New Choices Waiver; Medically Complex Children’s Waiver; Technology Dependent Waiver Community Transitions Waiver

STATUS: Active, expires 6 months following the conclusion of the PHE

Last updated 06/09/2021

Definitions

Telehealth services means the transmission of health-related services or information through the use of electronic communication or information technology.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, p. 48 (May 2021), & UT Admin. Code R414-42-2. (Accessed May 2021).

Telemedicine is the delivery of medical services and any diagnosis, consultation, treatment, transfer of medical data or education related to health care services using interactive audio or interactive video communication instead of in person contact.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, p. 48 (May 2021). (Accessed May 2021).

Last updated 06/09/2021

Email, Phone & Fax

Interprofessional telephone/internet assessment and management services are listed as a covered service for psychiatrists.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, p. 49 (May 2021), (Accessed May 2021).

Certain telephone evaluation and management service codes were opened up to physicians and other qualified health care professionals.  These codes will not be open to behavioral health providers and will not change their current billing practices.

SOURCE: Utah Medicaid Informational Bulletin: April 2021. (Accessed May 2021).

Telephone contact can be billed in the Targeted Case Management for Early Childhood program.

SOURCE: Utah Medicaid Provider Manual: Targeted Case Management, Early Childhood Ages 0-4, p. 10, (Jul. 2016).  (Accessed May 2021).

Last updated 06/09/2021

Live Video

POLICY

The department shall adopt administrative rules which establish:

  • the particular telemedicine services that are considered face-to-face encounters for reimbursement purposes under the state’s medical assistance program; and
  • the reimbursement methodology for the telemedicine services

The reimbursement rate for telemedicine services shall be subject to reimbursement policies set by the state plan; and may be based on:

  • a monthly reimbursement rate;
  • a daily reimbursement rate; or
  • an encounter rate.

SOURCE: UT Code Annotated Sec. 26-18-13. (Accessed May 2021).

Utah Medicaid covers medically necessary, non-experimental and cost-effective services provided via telehealth.

Limitations:

  • Must be HIPAA compliant
  • Must comply with Utah Health Information Network Standards for Telehealth

CMS 1500 Professional Claims- Provider must indicate that the service(s) were provided via telehealth by indicating Place of Service 02 on the CMS 1500 claim form with the service’s usual billing codes.

UB-04 Institutional Claims- Providers must indicate that the service(s) were provided via telehealth by appending the GT modifier to the UB-04 institutional claim form with the service’s usual billing codes.

Services provided via telehealth have the same service thresholds, authorization requirements and reimbursement rates as services delivered face-to-face.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, p. 48 & 50 (May 2021). (Accessed May 2021).

A licensed provider may deliver services via synchronous telehealth, as clinically appropriate. Services include consultation services, evaluation and management services, teledentistry services, mental health services, substance use disorder services, and telepsychiatric consultations.

Must comply with privacy and security measures set forth by HIPAA and HITECH. The provider is responsible to ensure the encounter is HIPAA compliant. Security measures for transmission may include password protection, encryption, and other reliable authentication techniques.

A provider must comply with the Utah Health Information Network (UHIN) standards for telehealth. These standards provide a uniform standard of billing for claims and encounters delivered via telehealth.

The Department pays the lesser of the amount billed or the rate on the fee schedule. A provider shall not charge the Department a fee that exceeds the provider’s usual and customary charges for the provider’s private pay patients.

SOURCE: UT Admin. Code R414-42-3, R414-42 (Accessed May 2021).


ELIGIBLE SPECIALTIES/SERVICES

Examples of covered telehealth services include but are not limited to:

  • Consultation services
  • Evaluation and management services
  • Mental health services
  • Substance use disorder services
  • Teledentistry
  • Telepsychiatric consultations

It is acceptable to use telehealth to facilitate contact directly between a member and a provider.

Telepsychiatric consultations, as described in Utah Code 26-18-13.5, between a physician and a board-certified psychiatrist are covered a service.  Psychiatrists are limited to certain time-based CPT codes.

Teledentistry services are covered for eligible members statewide.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, p. 48-49 (Jul. 2020) (Accessed May 2021).

The Medicaid program is required to reimburse for telemedicine services at the same rate the Medicaid program reimburses for other health care services (includes managed care plans). The Medicaid program is required to reimburse for telepsychiatric consultations at a rate set by the Medicaid program.

SOURCE: UT Code 26-18-13.5 (Accessed May 2021).

Rehabilitative Mental Health and Substance Use Disorder

Services may be provided via telemedicine when clinically appropriate.

The scope of rehabilitative behavioral health services includes the following:

  • Psychiatric Diagnostic Evaluation
  • Mental Health Assessment by a Non-Mental Health Therapist
  • Psychological Testing
  • Psychotherapy with Patient and/or Family Member
  • Family psychotherapy with Patient Present and Family Psychotherapy without Patient Present
  • Group Psychotherapy and Multiple Family Group Psychotherapy
  • Psychotherapy for Crisis
  • Psychotherapy with Evaluation and Management (E/M) Services
  • Evaluation and Management (E/M) Services (Pharmacologic Management)
  • Therapeutic Behavioral Services
  • Psychosocial Rehabilitative Services
  • Peer Support Services
  • SUD Services in Licensed SUD Residential Treatment Programs
  • Assertive Community Treatment (ACT)
  • Mobile Crisis Outreach Teams (MCOT)
  • Clinically Managed Residential Withdrawal Management
  • Mental Health Services in Licensed Mental Health Residential Treatment Programs
  • Behavioral Health Receiving Centers

SOURCE: Utah Medicaid Provider Manual: Rehabilitative Mental Health and Substance Use Disorder Services. P. 9-10 (May 2021) (Accessed May 2021).


ELIGIBLE PROVIDERS

The distant site provider may participate in the telehealth interaction from any appropriate location.

Providers may only bill procedure codes which they are already eligible to bill.

Psychiatrists are limited to reporting certain CPT codes.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, p. 48-49 (May 2021). (Accessed May 2021).


ELIGIBLE SITES

It is acceptable to use telehealth to facilitate contact directly between a member and a provider. Services can be provided between a member and a distant site provider when a member is in their home or other location of their choice.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, p. 49 (May 2021), (Accessed May 2021).


GEOGRAPHIC LIMITS

There are no geographic restrictions for telehealth services.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, p. 48 (May 2021), (Accessed May 2021).

Home and Community Based Services Autism Waiver

For those clients living outside of the Wasatch Front, the BCBA may use tele-health for the supervision time. In-person visits should be used for those clients living inside the Wasatch Front.

SOURCE: Utah Medicaid Provider Manual: Home and Community Based Waiver Services Autism Waiver, p. 10, (Jan. 2016).  (Accessed May 2021).


FACILITY/TRANSMISSION FEE

The provider at the originating site receives no additional reimbursement for the use of telemedicine.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, p. 50 (May 2021) & R414-42-4.(3). (Accessed May 2021).

Last updated 06/09/2021

Miscellaneous

Psychiatrist service will be covered by all Managed Care Entities (MCE). If a member receiving the service is part of an MCE, then the provider must be enrolled with the member’s MCE in order to receive reimbursement.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, p. 49 (May 2021), (Accessed May 2021).

If the required face-to-face encounter for certain durable medical equipment occurred via telehealth it must be documented.

SOURCE: Utah Medicaid Provider Manual: Durable Medical Equipment, p. 6,  (Jan. 2021).  (Accessed May 2021). 

Home and Community Based New Choices Waiver Services

A non face-to-face medication reminder system using telecommunication device is covered.

SOURCE: Utah Medicaid Provider Manual: Home and Community Based Waiver Services, New Choices Waiver, p. 75,  (Oct.. 2020).  (Accessed May 2021). 

Home and Community Based Services Autism Waiver

For those clients living outside of the Wasatch Front, the BCBA may use tele-health for the supervision time. In-person visits should be used for those clients living inside the Wasatch Front.

SOURCE: Utah Medicaid Provider Manual: Home and Community Based Waiver Services Autism Waiver, p. 10, (Jan. 2016).  (Accessed May 2021).

Last updated 06/09/2021

Out of State Providers

No Reference Found

Last updated 06/09/2021

Overview

Utah Medicaid reimburses for medically necessary, non-experimental and cost-effective services via live video telehealth, and does not reference store-and-forward modality in their policy.

SOURCE: Utah Medicaid Provider Manual: Section I: General Information, P. 48 (May 2021). (Accessed May 2021).

Home telemetry for outpatient long-term cardiac monitoring is allowable with prior authorization under certain conditions.

SOURCE: Utah Medicaid Provider Manual: Physician Manual, p. 22 (May 2021).  (Accessed May 2021).

Last updated 06/09/2021

Remote Patient Monitoring

POLICY

Home telemetry for outpatient long-term cardiac monitoring is allowed with prior authorization. Criteria include:

  • Must be ordered by a neurologist
  • Member must have had a stroke or TIA with no identifiable cause
  • Member should have already had 24-hour monitoring done previously
  • Member should not be currently taking anti-coagulated or Warfarin for any other reason
  • Member should not have a known contraindication for Warfarin
  • Outpatient long-term cardiac monitoring may only be authorized for the 30-day test
  • Data from the test must be reviewed and interpreted by a cardiologist

SOURCE: Utah Medicaid Provider Manual: Physician Manual, p. 22 (May 2021).  (Accessed May 2021).


CONDITIONS

Only for patients with a long-term cardiac health issue.

SOURCE: Utah Medicaid Provider Manual: Physician Manual, p. 22 (May 2021).  (Accessed May 2021).


PROVIDER LIMITATIONS

Test must be ordered by a neurologist and reviewed and interpreted by a cardiologist.

SOURCE: Utah Medicaid Provider Manual: Physician Manual, p. 23 (Jan. 2021).  (Accessed Feb. 2021).


OTHER RESTRICTIONS

No Reference Found

Last updated 06/09/2021

Store and Forward

POLICY

No Reference Found


ELIGIBLE SERVICES/SPECIALTIES

No Reference Found


GEOGRAPHIC LIMITS

No Reference Found


TRANSMISSION FEE

No Reference Found

Last updated 06/09/2021

Definition

“Telemedicine services” means telehealth services including:

  • Clinical care;
  • Health education;
  • Health administration;
  • Home health;
  • Facilitation of self-managed care and caregiver support; or
  • Remote patient monitoring occurring incidentally to general supervision; and

Must be provided by a provider to a patient through a method of communication that:

  • Uses asynchronous store-and-forward transfer; or
  • Uses synchronous interaction; and

Meets industry security and privacy standards, including compliance with:

  • The federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended; and
  • The federal Health Information Technology for Economic and Clinical Health Act, Pub. L. No. 111-5, 123 Stat. 226, 467, as amended.

SOURCE: Utah Code, 26-60-102. (Accessed May 2021).

Last updated 06/09/2021

Parity

SERVICE PARITY

A health benefit plan shall provide coverage for:

  • telemedicine services that are covered by Medicare; and
  • treatment of a mental health condition through telemedicine services if:
    • the health benefit plan provides coverage for the treatment of the mental health condition through in-person services; and
    • the health benefit plan determines treatment of the mental health condition through telemedicine services meets the appropriate standard of care; and
  • reimburse a network provider that provides the telemedicine services at a negotiated commercially reasonable rate.

SOURCE: UT Code, 31A-22-649.5. (Accessed May 2021).

Telepsychiatric Consultations

A health benefit plan that offers coverage for mental health services shall:

  • Provide coverage for telepsychiatric consultation during or after an initial visit between the patient and a referring in-network physician;
  • Provide coverage for a telepsychiatric consultation from an out-of-network board certified psychiatrist if the consultant is not made available to a physician within seven business days after the initial request is made by an in-network provider; and
  • Reimburse for the services at the equivalent of the in-network or out-of-network rate set by the benefit plan after taking into account cost-sharing that may be required under the health benefit plan.

Telepsychiatric consultation means a consultation between a physician and a board certified psychiatrist, both of whom are licensed to engage in the practice of medicine in the state, that utilizes:

  • The health records of the patient, provided from the patient or the referring physician;
  • A written, evidence-based patient questionnaire; and
  • Telehealth services that meet industry security and privacy standards, including compliance with the:
    • Health Insurance Portability and Accountability Act; and
    • Health Information Technology for Economic and Clinical Health Act

SOURCE: UT Code, 31A-22-649. (Accessed May 2021).


PAYMENT PARITY

A health benefit plan shall reimburse a network provider that provides the telemedicine services at a negotiated commercially reasonable rate.

SOURCE: UT Code, 31A-22-649.5 (2(b)) (Accessed May 2021).

Telepsychiatric Consultations

A health benefit plan that offers coverage for mental health services shall reimburse for the services at the equivalent of the in-network or out-of-network rate set by the benefit plan after taking into account cost-sharing that may be required under the health benefit plan.

SOURCE: UT Code, 31A-22-649, (Accessed May 2021).

Last updated 06/09/2021

Requirements

All health insurance plans must disclose whether the insurer provides coverage for telehealth services in accordance with section 26-18-13.5 and terms associated with that coverage.

SOURCE: UT Code 31A-22-613.5(2)(f). (Accessed May 2021).

A health benefit plan shall provide coverage for:

  • telemedicine services that are covered by Medicare; and
  • treatment of a mental health condition through telemedicine services if:
    • the health benefit plan provides coverage for the treatment of the mental health condition through in-person services; and
    • the health benefit plan determines treatment of the mental health condition through telemedicine services meets the appropriate standard of care; and
  • reimburse a network provider that provides the telemedicine services described in Subsection (2)(a) at a negotiated commercially reasonable rate.

A health benefit plan may not impose originating site restrictions, geographic restrictions, or distance-based restrictions.

A network provider that provides the telemedicine services described above may utilize any synchronous audiovisual technology for the telemedicine services that is compliant with HIPAA.

SOURCE: UT Code, 31A-22-649.5. (Accessed May 2021).

Telepsychiatric Consultations

A health benefit plan that offers coverage for mental health services shall:

  • Provide coverage for telepsychiatric consultation during or after an initial visit between the patient and a referring in-network physician;
  • Provide coverage for a telepsychiatric consultation from an out-of-network board certified psychiatrist if the consultant is not made available to a physician within seven business days after the initial request is made by an in-network provider; and
  • Reimburse for the services at the equivalent of the in-network or out-of-network rate set by the benefit plan after taking into account cost-sharing that may be required under the health benefit plan.

An insurer can also meet the requirement to cover telepsychiatric consultation for a patient by providing coverage for behavioral health treatment; and ensuring that the patient receives an appointment for the behavioral health treatment in person or using telehealth services on a date that is within seven business days after the initial request is made by the in-network referring physician (see statute for details).

Telepsychiatric consultation means a consultation between a physician and a board certified psychiatrist, both of whom are licensed to engage in the practice of medicine in the state, that utilizes:

  • The health records of the patient, provided from the patient or the referring physician;
  • A written, evidence-based patient questionnaire; and
  • Telehealth services that meet industry security and privacy standards, including compliance with the:
    • Health Insurance Portability and Accountability Act; and
    • Health Information Technology for Economic and Clinical Health Act

SOURCE: UT Code, 31A-22-649. (Accessed May 2021).

Last updated 06/09/2021

Cross State Licensing

An out-of-state physician may practice without a Utah license if:

  • The physician is licensed in another state, with no licensing action pending and at least 10 years of professional experience;
  • The services are rendered as a public service and for a noncommercial purpose;
  • No fee or other consideration of value is charged, expected or contemplated, beyond an amount necessary to cover the proportionate cost of malpractice insurance; and
  • The physician does not otherwise engage in unlawful or unprofessional conduct.

SOURCE: UT Code Annotated Sec. 58-67-305(7). (Accessed Jun. 2021).

A mental health therapist licensed in another state and in good standing can provide short term transitional mental health therapy remotely if:

  • The mental health therapist is present in the state where he/she is licensed;
  • The client relocates to Utah, and was a client immediately before the relocation;
  • The therapy or counseling is provided for a maximum of 45 days after the client relocates;
  • Within 10 days of the client’s relocation, the mental health therapist provides a written notice to the Division of Occupational and Professional Licensing of their intent to provide therapy/counseling remotely; and
  • The mental health therapist does not engage in unlawful or unprofessional conduct.

SOURCE: UT Code, 58-61-307(k) (Accessed Jun. 2021).

Last updated 06/09/2021

Definitions

Telehealth services means the transmission of health-related services or information through the use of electronic communication or information technology.

“Telemedicine services” means telehealth services including:

  • Clinical care;
  • Health education;
  • Health administration;
  • Home health;
  • Facilitation of self-managed care and caregiver support; or
  • Remote patient monitoring occurring incidentally to general supervision; and

Provided by a provider to a patient through a method of communication that:

  • Uses asynchronous store and forward transfer; or
  • Uses synchronous interaction; and

Meets industry security and privacy standards, including compliance with:

  • The federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended; and
  • The federal Health Information Technology for Economic and Clinical Health Act, Pub. L. No. 111-5, 123 Stat. 226, 467, as amended.

SOURCE: UT Code, 26-60-102(8-9). (Accessed Jun. 2021).

“Teledentistry” means the practice of dentistry using synchronous or asynchronous technology.

SOURCE: UT Code, 58-69-102 (12), (Accessed Jun. 2021).

Last updated 06/09/2021

Licensure Compacts

Member of the Interstate Medical Licensure Compact.

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

Member of Psychology Interjurisdictional Compact.

SOURCE: PSYPACT Compact. (Accessed Jun. 2021).

Member of the Nurse Licensure Compact.

SOURCE: Nurse Licensure Compact (Accessed Jun. 2021).

Member of the Physical Therapy Licensure Compact.

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

Member of the Audiology and Speech-language Pathology Interstate Compact.

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

Member of the Emergency Medical Services Compact.

SOURCE: EMS Compact. (Accessed Jun. 2021).

Last updated 06/09/2021

Miscellaneous

If a hospital participates in telemedicine, it shall develop and implement policies governing the practice of telemedicine in accordance with the scope and practice of the hospital.

These policies shall address security, access and retention of telemetric data, and define the privileging of physicians and allied health professionals who participate in telemedicine.

SOURCE: UT Admin. Code R432-100-33. (Accessed Jun. 2021).

Utah established the Early Childhood Psychotherapeutic Telehealth Consultation Program.

SOURCE: UT Code Sec. 62A-15-1602, (Accessed Jun. 2021).

Last updated 06/09/2021

Online Prescribing

A provider offering telehealth services shall at all times:

  • act within the scope of the provider’s license; and
  • be held to the same standards of practice as those applicable in traditional health care settings

If the provider does not already have a provider-patient relationship with the patient, establish a provider-patient relationship during the patient encounter in a manner consistent with the standards of practice, including providing the provider’s licensure and credentials to the patient;

Before providing treatment or prescribing a prescription drug, establish a diagnosis and identify underlying conditions and contraindications to a recommended treatment after:

  • obtaining from the patient or another provider the patient’s relevant clinical history; and
  • documenting the patient’s relevant clinical history and current symptoms;

Be available to a patient who receives telehealth services from the provider for subsequent care related to the initial telemedicine services, in accordance with community standards of practice.

Be familiar with available medical resources, including emergency resources near the originating site, in order to make appropriate patient referrals when medically indicated.

Make available to each patient receiving telehealth services the patient’s medical records; and

If the patient has a designated health care provider who is not the telemedicine provider:

  • Consult with the patient regarding whether to provide the patient’s designated health care provider a medical record or other report containing an explanation of the treatment provided to the patient and the telemedicine provider’s evaluation, analysis, or diagnosis of the patient’s condition;
  • Collect from the patient the contact information of the patient’s designated health care provider; and
  • Within two weeks after the day on which the telemedicine provider provides services to the patient, and to the extent allowed under HIPAA as that term is defined in Section 26-18-17, provide the medical record or report to the patient’s designated health care provider, unless the patient indicates that the patient does not want the telemedicine provider to send the medical record or report to the patient’s designated health care provider.

Unless a provider has established a provider-patient relationship with a patient, a provider offering telemedicine services may not diagnose a patient, provide treatment, or prescribe a prescription drug based solely on one of the following:

  • an online questionnaire;
  • an email message; or
  • a patient-generated medical history.

A provider may not offer telehealth services if:

  • the provider is not in compliance with applicable laws, rules, and regulations regarding the provider’s licensed practice; or
  • the provider’s license under Title 58, Occupations and Professions, is not active and in good standing.

SOURCE: UT Code, 26-60-103. (Accessed Jun. 2021).

It is considered unprofessional conduct to issue, or aid and abet in the issuance of, an order or prescription for a drug or device:

  • without first obtaining information in the usual course of professional practice, that is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to the proposed treatment; or
  • with prescriptive authority conferred by an exception issued under this title, or a multi-state practice privilege recognized under this title, if the prescription was issued without first obtaining information, in the usual course of professional practice, that is sufficient to establish a diagnosis, to identify underlying conditions, and to identify contraindications to the proposed treatment.

SOURCE: UT Code, 58-1-501(2(m)). (Accessed Jun. 2021).

Last updated 06/09/2021

Professional Board Standards

Utah has scope of telehealth practice that applies to providers offering telehealth services.  See regulations for details.

SOURCE: R156-1-603, (Accessed Jun. 2021).