California Legislature—2013–14 Regular Session

Assembly BillNo. 2484


Introduced by Assembly Member Gordon

February 21, 2014


An act to amend Section 2290.5 of the Business and Professions Code, relating to telehealth.

LEGISLATIVE COUNSEL’S DIGEST

AB 2484, as introduced, Gordon. Healing arts: telehealth.

Existing law provides for the licensure and regulation of various healing arts professions by various boards within the Department of Consumer Affairs. A violation of specified provisions is a crime. Existing law defines telehealth for the purpose of its regulation and requires a health care provider, as defined, prior to the delivery of health care via telehealth, to verbally inform the patient that telehealth may be used and obtain verbal consent from the patient and to document that verbal consent in the patient’s medical record.

This bill would alternatively allow a health care provider to obtain written consent from the patient before telehealth may be used and would require that written consent to be documented in the patient’s medical record.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 2290.5 of the Business and Professions
2Code
is amended to read:

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2290.5.  

(a) For purposes of this division, the following
2definitions shall apply:

3(1) “Asynchronous store and forward” means the transmission
4of a patient’s medical information from an originating site to the
5health care provider at a distant site without the presence of the
6patient.

7(2) “Distant site” means a site where a health care provider who
8provides health care services is located while providing these
9services via a telecommunications system.

10(3) “Health care provider” means a person who is licensed under
11this division.

12(4) “Originating site” means a site where a patient is located at
13the time health care services are provided via a telecommunications
14system or where the asynchronous store and forward service
15originates.

16(5) “Synchronous interaction” means a real-time interaction
17between a patient and a health care provider located at a distant
18site.

19(6) “Telehealth” means the mode of delivering health care
20services and public health via information and communication
21technologies to facilitate the diagnosis, consultation, treatment,
22education, care management, and self-management of a patient’s
23health care while the patient is at the originating site and the health
24care provider is at a distant site. Telehealth facilitates patient
25self-management and caregiver support for patients and includes
26synchronous interactions and asynchronous store and forward
27transfers.

28(b) Prior to the delivery of health care via telehealth, the health
29care provider at the originating site shall verbally inform the patient
30that telehealth may be used and obtain verbalbegin insert or writtenend insert consent
31from the patient for this use. The verbalbegin insert or writtenend insert consent shall
32be documented in the patient’s medical record.

33(c) The failure of a health care provider to comply with this
34section shall constitute unprofessional conduct. Section 2314 shall
35not apply to this section.

36(d) This section shall not be construed to alter the scope of
37practice of any health care provider or authorize the delivery of
38health care services in a setting, or in a manner, not otherwise
39authorized by law.

P3    1(e) All laws regarding the confidentiality of health care
2information and a patient’s rights to his or her medical information
3shall apply to telehealth interactions.

4(f) This section shall not apply to a patient under the jurisdiction
5of the Department of Corrections and Rehabilitation or any other
6correctional facility.

7(g) (1) Notwithstanding any other provision of law and for
8purposes of this section, the governing body of the hospital whose
9patients are receiving the telehealth services may grant privileges
10to, and verify and approve credentials for, providers of telehealth
11services based on its medical staff recommendations that rely on
12information provided by the distant-site hospital or telehealth
13entity, as described in Sections 482.12, 482.22, and 485.616 of
14Title 42 of the Code of Federal Regulations.

15(2) By enacting this subdivision, it is the intent of the Legislature
16to authorize a hospital to grant privileges to, and verify and approve
17credentials for, providers of telehealth services as described in
18paragraph (1).

19(3) For the purposes of this subdivision, “telehealth” shall
20include “telemedicine” as the term is referenced in Sections 482.12,
21482.22, and 485.616 of Title 42 of the Code of Federal Regulations.



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