| (a) A health professional providing a telehealth service
to a client shall ensure that the telecommunications or information
technology used to provide the telehealth service is of sufficient
quality to allow the health professional to meet the applicable standard
of care.
(b) It is the health professional's duty to ensure
the client or the client's authorized representative can provide all
necessary diagnostic information and understand all communication
provided during the telehealth service to meet the applicable standard
of care.
(c) To ensure appropriate client care, a health professional
providing a telehealth service shall:
(1) inform the client or the client's authorized representative
about the capabilities and limitations of any telehealth service to
be provided;
(2) ensure that informed consent is obtained if it
would be required for an in-person service of the same type;
(3) allow the client or the client's authorized representative
to refuse delivery of telehealth services at any time; and
(4) provide the client or the client's authorized representative
with information about follow-up care if indicated by the applicable
standard of care for the service provided.
(d) To prevent fraud and abuse when providing a telehealth
service, a health professional shall:
(1) take reasonable steps to verify the identity of
the client matches the person who is scheduled to receive the telehealth
service;
(2) document a telehealth service to the same extent
as would be required for an in-person service;
(3) ensure that any additional required telehealth-related
documentation is maintained in accordance with the applicable laws
and rules governing the practice of the health professional; and
(4) ensure appropriate protocols are in place to prevent
unauthorized access to client communications and claim information.
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