West Virginia

CURRENT STATE LAWS & POLICY

AT A GLANCE

Medicaid Program

West Virginia Medicaid

Administrator

Bureau for Medical Services, under the West Virginia Dept. of Health and Human Resources

Regional Telehealth Resource Center

Mid-Atlantic Telehealth Resource Center

Medicaid Reimbursement

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

Private Payer Law

Law Exists: Yes
Payment Parity: No

Professional Requirements

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

Last updated 05/24/2021

Audio-Only Delivery

Medicaid:  Non-emergent E&M for FQHCs/RHCs (revised)

STATUS: Active

Medicaid:  Non-Emergent E&M Services via Telehealth

STATUS: Revised, see above source

Medicaid: Telehealth Modality for Physical, Occupational or Speech Therapy

STATUS: Active

Medicaid: Telehealth Modality

STATUS: Active

Medicaid 1915(c) Waiver: Appendix K – Intellectual/Developmental Disability Waiver

STATUS: Active, extended six months following end of PHE.

Medicaid 1915(c) Waiver: Appendix K – Aged and Disabled Disability Waiver

STATUS: Active, extended six months following end of PHE.

Medicaid 1915(c) Waiver: Appendix K – Traumatic Brain Injury Disability Waiver

STATUS: Active, extended six months following end of PHE.

Medicaid 1915(c) Waiver: Appendix K – Children with Serious Emotional Disorder

STATUS: Active, extended six months following end of PHE.

Medicaid 1915(c) Waiver: Children with Serious Emotional Disorders 1915 C Waiver

STATUS: Active, extended six months following end of PHE.

Last updated 05/24/2021

Cross State Licensing

Board of Speech Language Pathology and Audiology: Telepractice Rule Suspension

STATUS: Active, until WV state of emergency ends

Board of Medicine:  Emergency Registration to Practice

STATUS: Active, until WV state of emergency ends

HB 2692: Out-of-State Providers for Addiction Telehealth

STATUS: Pending

HB 2016: Licensing Standards Waived

STATUS: Pending

Board of Speech Language Pathology and Audiology: Interstate Telepractice

STATUS: Active, expires on the 31st day of December on the even year.

Last updated 05/24/2021

Easing Prescribing Requirements

Board of Medicine:  Telemedicine Flexibilities

STATUS: Active

HB 2016: Waiving Standards of Care for Patient-Provider relationship

STATUS: Pending

Last updated 05/24/2021

Miscellaneous

Medicaid 1915(c) Waiver: Extension for waivers combined

STATUS:  Active, extended six months following end of PHE.

Last updated 05/24/2021

Originating Site

Medicaid: Telehealth Educational Handout

STATUS: Active

Medicaid:  Non-emergent E&M for FQHCs/RHCs (revised)

STATUS: Active

Medicaid:  Non-Emergent E&M Services via Telehealth

STATUS: Revised, see above source

Medicaid: Teledentistry

STATUS: Active, until the end of the federal PHE declaration or until further notice

Medicaid: Telehealth Modality for Physical, Occupational or Speech Therapy

STATUS: Active

Medicaid: Telehealth Modality

STATUS: Active

Last updated 05/24/2021

Private Payer

Office of Insurance Commissioner: Coverage of Telehealth Services and Coronavirus (COVID-19)

STATUS: Superseded by HB 4003

Office of Insurance Commissioner: Modified Coverage of Telehealth Services and Coronavirus (COVID-19)

STATUS: Varies

Last updated 05/24/2021

Provider Type

Medicaid:  Non-emergent E&M for FQHCs/RHCs (revised)

STATUS: Active

Medicaid:  Non-Emergent E&M Services via Telehealth

STATUS: Revised, see above source

Medicaid: Teledentistry

STATUS: Active

Last updated 05/24/2021

Service Expansion

Medicaid: Psychological Testing and Evaluation Services

STATUS: Active, until the end of the federal PHE declaration or until further notice

Medicaid: Telehealth Educational Handout

STATUS: Active

Medicaid:  Non-emergent E&M for FQHCs/RHCs (revised)

STATUS: Active

Medicaid:  Non-Emergent E&M Services via Telehealth

STATUS: Revised, see above source

Medicaid: Teledentistry

STATUS: Active, until the end of the federal PHE declaration or until further notice

Medicaid: Telehealth Modality for Physical, Occupational or Speech Therapy

STATUS: Active

Medicaid: Telehealth Modality

STATUS: Active

Last updated 05/24/2021

Definitions

“Telehealth: The use of electronic information and telecommunications technologies to provide professional health care; often used to connect practitioners and clinical experts in large hospitals or academic medical centers with patients in smaller hospitals or critical access hospitals which are typically located in more remote locations; and can assure that these remotely located patients enjoy the same access to potentially life-saving technologies and expertise that are available to patients in more populated parts of the country.”

“A telecommunication system is defined as an interactive audio and video system that permits real time communication between the member at the originating site and the practitioner at the distant site.  The telecommunication technology must allow the treating practitioner at the distant site to perform a medical examination of the member that substitutes for an in-person encounter.”

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17 Practitioner Services: Telehealth Services. (Revised Mar. 1, 2020) (Accessed May 2021).

Telehealth – for purposes of Medicaid, telemedicine seeks to improve a patient’s health by permitting two-way, real time interactive communication between the patient, and the physician or practitioner at the distant site. This electronic communication means the use of interactive telecommunications equipment that includes, at a minimum, audio and video equipment.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–200 Definitions and Acronyms.  (Nov. 1, 2016) (Accessed May 2021).

“Telehealth Services: Health care services provided through advanced telecommunications technology from one location to another. Medical information is exchanged in real-time communication from an Originating Site, where the participant is located, to a Distant Site, where the provider is located, allowing them to interact as if they are having a face-to-face, “hands-on” session.”

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter 522 Federally Qualified Health Center and Rural Health Clinic Svcs. P. 17. (Jul. 1, 2019) (Accessed May 2021).

Last updated 05/24/2021

Live Video

POLICY

Newly Passed Legislation

The Medicaid plan, which issues, renews, amends, or adjusts a plan, policy, contract, or agreement on or after July 1, 2021, shall provide reimbursement for a telehealth service at a rate negotiated between the provider and the insurance company for virtual telehealth encounters. The Medicaid plan, which issues, renews, amends, or adjusts a plan, policy, contract, or agreement on or after July 1, 2021, shall provide reimbursement for a telehealth service for an established patient, or care rendered on a consulting basis to a patient located in an acute care facility whether inpatient or outpatient on the same basis and at the same rate under a contract, plan, agreement, or policy as if the service is provided through an in-person encounter rather than provided via telehealth.

SOURCE: WV Statute Sec. 9-5-28, as amended by HB 2024, (Accessed May 2021).

To utilize Telehealth, providers must document that the service was rendered under that modality. When filing a claim, the provider must bill the service code with Place of Service code 02. West Virginia Medicaid covers and reimburses Telehealth services that are identified in designated polices as appropriate to be rendered through this modality.

West Virginia Medicaid does not limit Telehealth services to members in non-metropolitan statistical professional shortage areas as defined by the Centers for Medicare and Medicaid Services (CMS) Telehealth guidance.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17 Practitioner Services: Telehealth Services. (Revised Mar. 1 ,2020.) (Accessed May 2021).

Federally Qualified Health Center and Rural Health Clinic Services:

The member must be able to see and interact with the off-site provider at the time services are provided via telehealth.  Services provided via videophone or webcam are not covered.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter 522.8 Federally Qualified Health Center and Rural Health Clinic Svcs. P. 9. (July 1, 2019.) (Accessed May 2021).


ELIGIBLE SERVICES/SPECIALTIES

See the applicable chapters of the WV BMS Policy Manual for more detail on specific services, including whether telehealth is an accepted modality to render the service. If not indicated as available, telehealth should be considered a non-covered modality to render the service.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17 Practitioner Services: Telehealth Services. Revised Mar. 1, 2020.  (Accessed May 2021).

School-based health services manual refers to the Telehealth Chapter (519.17) of the practitioner manual, and lists under each code in the manual whether or not it is eligible for telehealth.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–538 School-Based Health Services. Revised Aug. 1, 2019 (Accessed May 2021).

Targeted case management can be conducted through telemedicine with the exception of the required 90 day face-to-face encounter with the targeted case manager.

SOURCE: WV Dept. of Health and Human Svcs., Medicaid Provider Manual, Chapter 523: Targeted Case Management, p. 13 (Jul. 1, 2016), (Accessed May 2021).

WV Medicaid encourages providers to render services via telehealth in the Behavioral Health Clinic Services program and for substance use disorder (SUD) waiver services.  Under each code in the manuals, it lists whether or not the service is eligible for telehealth.

SOURCE: WV Dept. of Health and Human Service Medicaid Provider Manual, Chapter—503.12 Licensed Behavioral Health Center Services (Jul. 15, 2018); 504.10 Substance Use Disorder Services (Oct. 1, 2020); 521.9 Behavioral Health Outpatient Services (Jan. 15, 2018). (Accessed May 2021).

Diabetes self-management programs may offer telehealth education when resources are limited, and may otherwise communicate by telephone when patients lack access to broadband internet.

SOURCE: WV Rule Sec. 64-115-1, (Accessed May 2021).


ELIGIBLE PROVIDERS

Authorized distant site providers include:

  • Physicians;
  • Physician Assistants (PA);
  • Advanced Practice Registered Nurses (APRN)/Nurse Practitioners (NP)
  • Certified Nurse Midwife (CNM);
  • Clinical Nurse Specialists (CNS);
  • Community Mental Health Center (CMHC);
  • Licensed Behavioral Health Center (LBHC);
  • Licensed Psychologists (LP) and Supervised Psychologist (SP);
  • Licensed Independent Clinical Social Worker (LICSW); and
  • Licensed Professional Counselor (LPC)

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17.1 Practitioner Services: Telehealth Services. (Revised Mar. 1, 2020) (Accessed May 2021).

FQHC and RHC may only serve as a distant site for Telehealth services provided by a psychiatrist or psychologist and are reimbursed at the encounter rate.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17.1 Practitioner Services: Telehealth Services. (Revised Mar. 1, 2020) & WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter 522 Federally Qualified Health Center and Rural Health Clinic Svcs. P. 9. (Jul. 1, 2019) (Accessed May 2021).


ELIGIBLE SITES

Authorized originating sites:

  • Offices of physicians or practitioners;
  • Hospitals;
  • Critical Access Hospitals (CAH);
  • Rural Health Clinics (RHCs);
  • Federally Qualified Health Centers (FQHCs);
  • Hospital-based or CAH-based Renal Dialysis Centers (including satellites);
  • Skilled Nursing Facilities (SNF);
  • Licensed behavioral health centers
  • Community Mental Health Centers (CMHC);
  • School-Based Health Service sites; and
  • Homes of members who are receiving treatment of substance abuse and/or mental health disorders via telehealth as identified in Chapters 503, 504, 521, 522, and 538 of the WV BMS Policy Manual.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17.1 Practitioner Services: Telehealth Services. (Revised Mar. 1, 2020) (Accessed May 2021).


GEOGRAPHIC LIMITS

WV Medicaid does not limit telehealth services to members in non-metropolitan statistical professional shortage areas as defined by CMS telehealth guidance.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17.1 Practitioner Services: Telehealth Services. (Revised Mar. 1, 2020) (Accessed May 2021).


FACILITY/TRANSMISSION FEE

An originating site must bill the appropriate telehealth originating site code (Q3014) unless the originating site is the home of the member.  However facility fees are not covered.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17 Practitioner Services: Telehealth Services. Revised Mar. 1, 2020 (Accessed May 2021).

Last updated 05/24/2021

Miscellaneous

See manual for equipment standards and requirements.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17.2 Practitioner Services: Telehealth Services. (Revised Mar. 1, 2020) (Accessed May 2021).

Additional instructions regarding telehealth standards and billing available in the following manuals:  Licensed Behavioral Health Center Services (Ch. 503); Substance Use Disorder Services (Ch. 504); Behavioral Health Outpatient Services (Ch. 521); Targeted Case Management (Ch. 523). Limited to specific CPT codes.

SOURCE: WV Dept. of Health and Human Service Medicaid Provider Manual, Chapter—503.12 Licensed Behavioral Health Center Services (Jul. 15, 2018); 504.10 Substance Use Disorder Services (Oct. 1, 2020); 521.9 Behavioral Health Outpatient Services (Jan. 15, 2018); 523.3 Targeted Case Management (Revised Jul. 1, 2016) (Accessed Feb. 2021).

Last updated 05/24/2021

Out of State Providers

No Reference Found

Last updated 05/24/2021

Overview

West Virginia Medicaid reimburses for live video under some circumstances. Reimbursement is only made for real-time communications, therefore there is no reimbursement for store-and-forward or remote patient monitoring.

Last updated 05/24/2021

Remote Patient Monitoring

POLICY

No reimbursement. WV Medicaid only reimburses for real time communications.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17 Practitioner Services: Telehealth Services. (Revised Mar. 1, 2020) (Accessed May 2021).


CONDITIONS

No Reference Found


PROVIDER LIMITATIONS

No Reference Found


OTHER RESTRICTIONS

No Reference Found

Last updated 05/24/2021

Store and Forward

POLICY

Store and forward means the asynchronous computer-based communication of medical data or images from an originating location to a health care provider at another site for the purpose of diagnostic or therapeutic assistance.

Store and Forward telehealth services may only be utilized for specific codes for the Optometrist provider type only.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17 Practitioner Services: Telehealth Services. (Revised Mar. 1, 2020) (Accessed May 2021).


ELIGIBLE SERVICES/SPECIALTIES

Only available for optometrist providers for two specific codes.

SOURCE: WV Dept. of Health and Human Svcs. Medicaid Provider Manual, Chapter–519.17 Practitioner Services: Telehealth Services. (Revised Mar. 1, 2020) (Accessed May 2021).


GEOGRAPHIC LIMITS

No Reference Found


TRANSMISSION FEE

No Reference Found

Last updated 05/25/2021

Definitions

Newly Passed Legislation (Now Effective)

“Telehealth services” means the use of synchronous or asynchronous telecommunications technology or audio only telephone calls by a health care practitioner to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include e-mail messages or facsimile transmissions.

“Virtual telehealth” means a new patient or follow-up patient for acute care that does not require chronic management or scheduled medications.

SOURCE: WV Statute Sec. 5-16-7b & 33-57-1 as amended by HB 2024. (Accessed May 2021).

Network Adequacy: “Telemedicine” or “Telehealth” means health care services provided through telecommunications technology by a health care professional who is at a location other than where the covered person is located.

SOURCE: WV Code Sec. 33-55-1 & WV Admin. Law Sec. 114-100. (Accessed May 2021).

Last updated 05/24/2021

Parity

SERVICE PARITY

An insurer that issues, renews, amends, or adjusts a plan, policy, contract, or agreement on or after July 1, 2021, shall provide reimbursement for a telehealth service at a rate negotiated between the provider and the insurance company for the virtual telehealth encounter.  They shall also provide reimbursement for a telehealth service for an established patient, or care rendered on a consulting basis to a patient located in an acute care facility whether inpatient or outpatient on the same basis and at the same rate under a contract, plan, agreement, or policy as if the service is provided through an in-person encounter rather than provided via telehealth.

SOURCE: WV Statute Sec. 5-16-7b & 33-57-1 as amended by HB 2024. (Accessed May 2021).


PAYMENT PARITY

The insurer shall provide reimbursement for a telehealth service at a rate negotiated between the provider and the insurance company.

For an established patient, or care rendered on a consulting basis to a patient located in an acute care facility whether inpatient or outpatient, an insurer must pay the same rate as if the service is provided through an in-person encounter.

SOURCE: WV Statute Sec. 5-16-7b & 33-57-1 as amended by HB 2024. (Accessed May 2021).

Last updated 05/24/2021

Requirements

Newly Passed Legislation (Now Effective)

An insurer shall provide coverage of health care services provided through telehealth services if those same services are covered through face-to-face consultation by the policy.  The insurer may not exclude a service for coverage solely because the service is provided through telehealth services.

An originating site may charge an insurer a site fee.

The coverage required by this section shall include the use of telehealth technologies as it pertains to medically necessary remote patient monitoring services to the full extent that those services are available.

SOURCE: WV Statute Sec. 5-16-7b & 33-57-1 as amended by HB 2024. (Accessed May 2021).

Health carriers providing a network plan are required to maintain a network that is sufficient in numbers and appropriate types of providers. The commissioner shall determine sufficiency in accordance with the requirements of this section, and may establish sufficiency by reference to any reasonable criteria, which may include telemedicine or telehealth, among other components.

SOURCE: WV Code Sec. 33-55-1, (Accessed May 2021).

The health carrier’s network, including how the use of telemedicine or telehealth or other technology may be used to meet network access standards, if applicable.

SOURCE: WV Admin Law Sec. 114-100, (Accessed May 2021).

Last updated 05/24/2021

Cross State Licensing

Newly Passed Legislation

A registration issued pursuant to the provisions of or the requirements of this section does not authorize a health care professional to practice from a physical location within this state without first obtaining appropriate licensure.

By registering to provide interstate telehealth services to patients in this state, a health care practitioner is subject to:

  • The laws regarding the profession in this state, including the state judicial system and all professional conduct rules and standards incorporated into the health care practitioner’s practice act and the legislative rules of registering board; and
  • The jurisdiction of the board with which he or she registers to provide interstate telehealth services, including such board’s complaint, investigation, and hearing process.

A health care professional who registers to provide interstate telehealth services pursuant to the provisions of or the requirements of this section shall immediately notify the board where he or she is registered in West Virginia and of any restrictions placed on the individual’s license to practice in any state or jurisdiction.

SOURCE; WV Code Sec. 30-1-26, as amended by HB 2024 (2021 Session), (Accessed May 2021).

The practice of medicine occurs where the patient is located at the time the telemedicine technologies are used.

A physician or podiatrist who practices telemedicine must be licensed as provided in this article or registered as provided in §30-1-1 et seq. of this code.

This does not apply to:

  • An informal consultation or second opinion, at the request of a physician or podiatrist who is licensed to practice medicine or podiatry in this state:  Provided, that the physician or podiatrist requesting the opinion retains authority and responsibility for the patient’s care; and
  • Furnishing of medical assistance by a physician or podiatrist in case of an emergency or disaster, if no charge is made for the medical assistance.

SOURCE: WV Code Sec. 30-3-13a & 30-14-12d, as amended by HB 2024 (2021 Session), (Accessed May 2021).

Speech Language Pathology and Audiology

See emergency rule for temporary interstate telepractice requirements.

SOURCE: WV Rule 29-01 (Accessed May 2021).

 

Last updated 05/24/2021

Definitions

Recently Passed Legislation (Now Effective)

“Telehealth services” means the use of synchronous or asynchronous telecommunications technology or audio only telephone calls by a health care practitioner to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include internet questionnaires, e-mail messages, or facsimile transmissions.

SOURCE: WV Statute Sec. 30-1-26 as amended by HB 2024, (Accessed May 2021).

“Practice of telemedicine means the practice of medicine using communication tools such as electronic communication, information technology or other means of interaction between a licensed health care professional in one location and a patient in another location, with or without an intervening health care provider, and typically involves secure real-time audio/video conferencing or similar secure audio/video services, remote monitoring, interactive video and store-and-forward digital image or health data technology to provide or support health care delivery by replicating the interaction of a traditional in-person encounter between a provider and a patient. The practice of telemedicine occurs in this state when the patient receiving health care services through a telemedicine encounter is physically located in this state.”

SOURCE: WV Code Sec. 30-3-13.(b) (Accessed May 2021).

“Telemedicine” means the practice of medicine using tools such as electronic communication, information technology, store and forward telecommunication, audio only telephone calls, or other means of interaction between a physician or podiatrist in one location and a patient in another location, with or without an intervening health care provider.

“Telemedicine technologies” means technologies and devices which enable secure communications and information exchange in the practice of telemedicine, and typically involve the application of secure real-time audio/video conferencing or similar secure video services, remote monitoring or store and forward digital image technology, or audio only telephone calls to provide or support health care delivery by replicating the interaction of a traditional in-person encounter between a physician or podiatrist and a patient.

SOURCE: WV Statute Sec. 30-3-13a & 30-14-12d as amended by HB 2024, (Accessed May 2021).

“Telehealth” means the application of telecommunication, audio-visual, or other technologies that meets the applicable standard of care to deliver audiology or speech-language pathology services at a distance for assessment, intervention, or consultation.

SOURCE: WV Code Sec. 30-32A-2. (Accessed May 2021).

Medication Assisted Treatment Program

“Telehealth” means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment education, care management, and self-management of a patient’s health care while the patient is at the originating site and the health care provider is at a distant site.

SOURCE: WV Code Sec. 16-5Y-2. (Accessed May 2021).

“Telehealth” means the use of electronic information and telecommunications technologies to support long-distance clinical health care, patient and professional health-related education, public health and health administration.

SOURCE: WV Code, Ch. 16, Article 2D, Sec. 16-2D-2.(45) (Accessed May 2021).

Last updated 05/24/2021

Licensure Compacts

Member of the Interstate Medical Licensure Compact.

SOURCE: Interstate Medical Licensure Compact. The IMLC. (Accessed May 2021).

Member of the Audiology & Speech-Language Pathology Interstate Compact.

SOURCE: ASLP Compact. (Accessed May 2021).

Member of the Physical Therapist Licensure Compact

SOURCE: PT Compact (Accessed May 2021).

Member of the Emergency Medical Services Personnel Licensure Compact

SOURCE: EMS Compact (Accessed May 2021).

Member of the Nurse Licensure Compact

SOURCE: Nurse Licensure Compact (Accessed May 2021).

Member of the Psychology Interjurisdictional Compact.

SOURCE: PSYPACT Map (Accessed May 2021).

 

Last updated 05/24/2021

Miscellaneous

No Reference Found

Last updated 05/24/2021

Online Prescribing

Each health care board is required to propose an emergency rule for telehealth regulation. The rule must include a prohibition of prescribing any controlled substance listed in Schedule II of the Uniform Controlled Substance Act, unless authorized by another section: Provided, That the prescribing limitations contained in this section do not apply to a physician or a member of the same group practice with an established patient.

SOURCE: WV Statute Sec. 30-1-26, as amended by HB 2024 (2021 Session), (Accessed May 2021).

A “valid patient-practitioner relationship” can be established through telemedicine in a manner approved by the appropriate practitioner board.

SOURCE: WV Code Sec. 30-5-4 (Accessed May 2021).

A physician-patient relationship may not be established through:

  • Text-based communications such as e-mail, Internet questionnaires, text-based messaging, or other written forms of communication.
If an existing physician-patient relationship is not present prior to the utilization to telemedicine technologies, or if services are rendered solely through telemedicine technologies, a physician-patient relationship may only be established:
  • Through the use of telemedicine technologies which incorporate interactive audio using store and forward technology, real-time videoconferencing, or similar secure video services during the initial physician-patient encounter;
  • For the practice of pathology and radiology, a physician-patient relationship may be established through store and forward telemedicine or other similar technologies; or
  • Through the use of audio-only calls or conversations that occur in real time. Patient communication though audio-visual communication is preferable, if available or possible. Audio-only calls or conversations that occur in real time may be used to establish the physician-patient relationship.

Once a physician-patient relationship has been established, either through an in-person encounter or in accordance with the above, the physician may utilize any telemedicine technology that meets the standard of care and is appropriate for the patient presentation.

A physician or podiatrist who practices medicine to a patient solely through the utilization of telemedicine technologies may not prescribe to that patient any controlled substances listed in Schedule II of the Uniform Controlled Substances Act: Provided, That the prescribing limitations contained in this section do not apply to a physician or a member of the same group practice with an established patient.

The prescribing limitations do not apply when a physician is providing treatment to patients who are minors, or if 18 years of age or older, who are enrolled in a primary or secondary education program and are diagnosed with intellectual or developmental disabilities, neurological disease, Attention Deficit Disorder, Autism, or a traumatic brain injury in accordance with guidelines as set forth by organizations such as the American Psychiatric Association, the American Academy of Child and Adolescent Psychiatry, or the American Academy of Pediatrics. The physician must maintain records supporting the diagnosis and the continued need of treatment.

The prescribing limitations do not apply to a hospital, excluding the emergency department, when a physician submits an order to dispense a controlled substance, listed in Schedule II of the Uniform Controlled Substances Act, to a hospital patient for immediate administration in a hospital.

A physician or podiatrist may not prescribe any pain-relieving controlled substance listed in Schedule II of the Uniform Controlled Substance Act as part of a course of treatment for chronic nonmalignant pain solely based upon a telemedicine encounter: Provided, That the prescribing limitations contained in this section do not apply to a physician or a member of the same group practice with an established patient.

A physician or health care provider may not prescribe any drug with the intent of causing an abortion.

These provisions do not prohibit the use of audio-only or text-based communications by a physician who is:

  • Responding to a call for patients with whom a physician-patient relationship has been established through an in-person encounter by the physician;
  • Providing cross coverage for a physician who has established a physician-patient or relationship with the patient through an in-person encounter; or
  • Providing medical assistance in the event of an emergency.

SOURCE: WV Statute Sec. 30-14-12d & 30-3-13a, as amended by HB 2024 (2021 Session), (Accessed May 2021).

“Dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public or any member thereof” includes practice of providing treatment recommendations relating to issuing prescriptions, via electronic or other means, for persons without establishing an on-going physician-patient relationship wherein the physician has obtained information adequate to support the prescription: Provided, That this definition does not apply: in a documented emergency; or in an on-call or cross coverage situation; or where patient care is rendered in consultation with another physician who has an ongoing relationship with the patient, and who has agreed to supervise the patient’s treatment, including use of any prescribed medications.

SOURCE: WV Code of State Rules Sec. 11-1A-12.2(k) (Accessed May 2021).

A practitioner providing medication-assisted treatment may perform certain aspects of telehealth if permitted under his or her scope of practice.

SOURCE:  WV Code Sec. 16-5Y-5(r).  (Accessed May 2021).

 

Last updated 05/24/2021

Professional Board Standards

Board of Examiners for Speech-Language Pathology and Audiology

SOURCE: WV Admin. Law Sec. 29-1-15, (Accessed May 2021).

Board of Physical Therapy

SOURCE: WV Admin Law Sec. 16-01 & 05 (Accessed May 2021).

Board of Occupational Therapy

SOURCE: WV Admin. Law Sec. 13-09, (Accessed May 2021).

A health care board shall propose an emergency rule for legislative approval to regulate telehealth practice by a telehealth practitioner. The proposed rule shall consist of the following:

  1. The practice of the health care service occurs where the patient is located at the time the telehealth services are provided;
  2. The health care practitioner who practices telehealth shall be:
    1. Licensed in good standing in all states in which he or she is licensed and not currently under investigation or subject to an administrative complaint; and
    2. Registered as an interstate telehealth practitioner with the appropriate board in West Virginia;
  3. When the health care practitioner-patient relationship is established.
  4. The standard of care for the provision of telehealth services.  The standard of care shall require that with respect to the established patient, the patient shall visit an in-person health care practitioner within 12 months of using the initial telemedicine service or the telemedicine service shall no longer be available to the patient until an in-person visit is obtained.  This requirement may be suspended, in the discretion of the health care practitioner, on a case-by-case basis, and it does not to the following services: acute inpatient care, post-operative follow-up checks, behavioral medicine, addiction medicine, or palliative care.
  5. A prohibition of prescribing any controlled substance listed in Schedule II of the Uniform Controlled Substance Act, unless authorized by another section: Provided, That the prescribing limitations contained in this section do not apply to a physician or a member of the same group practice with an established patient.
  6. Establish the conduct of a registrant for which discipline may be imposed by the board of registration.
  7. Establish a fee, not to exceed the amount to be paid by a licensee, to be paid by the interstate telehealth practitioner registered in the state.
  8. A reference to the Board’s discipline process.

SOURCE: WV Statute Sec. 30-1-26 as amended by HB 2024 (2021 Session), (Accessed May 2021).

Statutes includes requirements for telemedicine practice standards for the physicians and osteopathic physicians and surgeons.

SOURCE: WV Statute Sec. 30-14-12d & 30-3-13a as amended by HB 2024 (2021 Session), (Accessed May 2021).