SPONSOR: Knight
Currently, the establishment of a physician-patient relationship for purposes of telehealth includes an interview and a physical examination. Under this bill, an evaluation is still required, but a physical examination is required only if needed to meet the standard of care.
Current law prohibits the use of an internet or telephone questionnaire completed by a patient from constituting an acceptable medical interview for the provision of treatment by telehealth. This bill permits such questionnaires if the information provided is sufficient as though the medical evaluation was performed in person, and provided that the physician is employed or contracted with a business entity licensed to provide health care in this state.
When a health care provider uses an online or telephone questionnaire, the provider must send a written report to the primary care provider if the patient provides his or her primary care provider information. The report must be sent within 14 days of the appointment and contain specified information, including the diagnosis and any treatment provided.
Current law requires a physician-patient relationship for purposes of telehealth to include a sufficient dialogue with the patient regarding treatment. This bill changes the term "dialogue" to "exchange" with the patient regarding treatment.
Additionally, current law prohibits a health care provider from prescribing any drug, controlled substance, or other treatment to a patient based solely on an internet request or questionnaire. Under this bill, a health care provider must not prescribe any drug, controlled substance, or other treatment to a patient in the absence of a proper provider-patient relationship.
Medical records of any drug, controlled substance, or other treatment prescribed through telemedicine must be collected, stored, and maintained in accordance with the Federal Health Insurance Portability and Accountability Act of 1996.
This bill is similar to HCS HB 710 (2025).
Statutes affected: