California Legislature—2015–16 Regular Session

Assembly BillNo. 250


Introduced by Assembly Member Obernolte

February 9, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

AB 250, as introduced, Obernolte. Telehealth: marriage and family therapist interns and trainees.

Under existing law, “telehealth” is defined as 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. Existing law requires a health care provider prior to the delivery of health care services via telehealth to inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth. For these purposes, existing law defines a health care provider as a healing arts licensee. Existing law, the Licensed Marriage and Family Therapist Act, provides for the registration of marriage and family therapist interns and regulates marriage and family therapist trainees. Existing law requires applicants for a marriage and family therapist license to complete specified experience subject to certain limitations, including no more than a certain number of hours providing counseling services via telehealth.

This bill, for purposes of the telehealth provisions, would expand the definition of “health care provider” to also include a marriage and family therapist intern and trainee, as specified.

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:

3

2290.5.  

(a) For purposes of this division, the following
4definitions shall apply:

5(1) “Asynchronous store and forward” means the transmission
6of a patient’s medical information from an originating site to the
7health care provider at a distant site without the presence of the
8patient.

9(2) “Distant site” means a site where a health care provider who
10provides health care services is located while providing these
11services via a telecommunications system.

12(3) “Health care provider” meansbegin delete aend deletebegin insert both of the following:end insert

13begin insert(A)end insertbegin insertend insertbegin insertAend insertbegin insert end insertperson who is licensed under this division.

begin insert

14(B) A marriage and family therapist intern and trainee, as
15defined in Section 4980.03, completing supervised experience for
16licensure pursuant to paragraph (11) of subdivision (a) of Section
174980.43.

end insert

18(4) “Originating site” means a site where a patient is located at
19the time health care services are provided via a telecommunications
20system or where the asynchronous store and forward service
21originates.

22(5) “Synchronous interaction” means a real-time interaction
23between a patient and a health care provider located at a distant
24site.

25(6) “Telehealth” means the mode of delivering health care
26services and public health via information and communication
27technologies to facilitate the diagnosis, consultation, treatment,
28education, care management, and self-management of a patient’s
29health care while the patient is at the originating site and the health
30care provider is at a distant site. Telehealth facilitates patient
31self-management and caregiver support for patients and includes
P3    1synchronous interactions and asynchronous store and forward
2transfers.

3(b) Prior to the delivery of health care via telehealth, the health
4care provider initiating the use of telehealth shall inform the patient
5about the use of telehealth and obtain verbal or written consent
6from the patient for the use of telehealth as an acceptable mode of
7delivering health care services and public health. The consent shall
8be documented.

9(c) Nothing in this section shall preclude a patient from receiving
10in-person health care delivery services during a specified course
11of health care and treatment after agreeing to receive services via
12telehealth.

13(d) The failure of a health care provider to comply with this
14section shall constitute unprofessional conduct. Section 2314 shall
15not apply to this section.

16(e) This section shall not be construed to alter the scope of
17practice of any health care provider or authorize the delivery of
18health care services in a setting, or in a manner, not otherwise
19authorized by law.

20(f) All laws regarding the confidentiality of health care
21information and a patient’s rights to his or her medical information
22shall apply to telehealth interactions.

23(g) This section shall not apply to a patient under the jurisdiction
24of the Department of Corrections and Rehabilitation or any other
25correctional facility.

26(h) (1) Notwithstanding any other provision of law and for
27purposes of this section, the governing body of the hospital whose
28patients are receiving the telehealth services may grant privileges
29to, and verify and approve credentials for, providers of telehealth
30services based on its medical staff recommendations that rely on
31information provided by the distant-site hospital or telehealth
32entity, as described in Sections 482.12, 482.22, and 485.616 of
33Title 42 of the Code of Federal Regulations.

34(2) By enacting this subdivision, it is the intent of the Legislature
35to authorize a hospital to grant privileges to, and verify and approve
36credentials for, providers of telehealth services as described in
37paragraph (1).

P4    1(3) For the purposes of this subdivision, “telehealth” shall
2include “telemedicine” as the term is referenced in Sections 482.12,
3482.22, and 485.616 of Title 42 of the Code of Federal Regulations.



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