(1) Physicians that communicate with patients by electronic
communications other than telephone or facsimile must provide patients
with written or electronic notification of the physicians' privacy
practices prior to evaluation or treatment via a telemedicine medical
service. In addition, a good faith effort must be made to obtain the
patient's written or electronic acknowledgement, including by e-mail,
of the notice.
(2) The notice of privacy practices shall include language
that is consistent with federal standards under 45 CFR Parts 160 and
164 relating to privacy of individually identifiable health information.
(3) Complaints to the Board. Physicians that utilize
telemedicine medical services must provide notice of how patients
may file a complaint with the Board on the physician's website or
with informed consent materials provided to patients prior to the
telemedicine medical service. Content and method of the notice must
be consistent with §178.3 of this title (relating to Complaint