BILL NUMBER: AB 250	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 2290.5 of the Business and Professions Code is
amended to read:
   2290.5.  (a) For purposes of this division, the following
definitions shall apply:
   (1) "Asynchronous store and forward" means the transmission of a
patient's medical information from an originating site to the health
care provider at a distant site without the presence of the patient.
   (2) "Distant site" means a site where a health care provider who
provides health care services is located while providing these
services via a telecommunications system.
   (3) "Health care provider" means  a   both of
the following: 
    (A)     A    person who is
licensed under this division. 
   (B) A marriage and family therapist intern and trainee, as defined
in Section 4980.03, completing supervised experience for licensure
pursuant to paragraph (11) of subdivision (a) of Section 4980.43.

   (4) "Originating site" means a site where a patient is located at
the time health care services are provided via a telecommunications
system or where the asynchronous store and forward service
originates.
   (5) "Synchronous interaction" means a real-time interaction
between a patient and a health care provider located at a distant
site.
   (6) "Telehealth" means 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. Telehealth facilitates patient self-management and
caregiver support for patients and includes synchronous interactions
and asynchronous store and forward transfers.
   (b) Prior to the delivery of health care via telehealth, the
health care provider initiating the use of telehealth shall inform
the patient about the use of telehealth and obtain verbal or written
consent from the patient for the use of telehealth as an acceptable
mode of delivering health care services and public health. The
consent shall be documented.
   (c) Nothing in this section shall preclude a patient from
receiving in-person health care delivery services during a specified
course of health care and treatment after agreeing to receive
services via telehealth.
   (d) The failure of a health care provider to comply with this
section shall constitute unprofessional conduct. Section 2314 shall
not apply to this section.
   (e) This section shall not be construed to alter the scope of
practice of any health care provider or authorize the delivery of
health care services in a setting, or in a manner, not otherwise
authorized by law.
   (f) All laws regarding the confidentiality of health care
information and a patient's rights to his or her medical information
shall apply to telehealth interactions.
   (g) This section shall not apply to a patient under the
jurisdiction of the Department of Corrections and Rehabilitation or
any other correctional facility.
   (h) (1) Notwithstanding any other provision of law and for
purposes of this section, the governing body of the hospital whose
patients are receiving the telehealth services may grant privileges
to, and verify and approve credentials for, providers of telehealth
services based on its medical staff recommendations that rely on
information provided by the distant-site hospital or telehealth
entity, as described in Sections 482.12, 482.22, and 485.616 of Title
42 of the Code of Federal Regulations.
   (2) By enacting this subdivision, it is the intent of the
Legislature to authorize a hospital to grant privileges to, and
verify and approve credentials for, providers of telehealth services
as described in paragraph (1).
   (3) For the purposes of this subdivision, "telehealth" shall
include "telemedicine" as the term is referenced in Sections 482.12,
482.22, and 485.616 of Title 42 of the Code of Federal Regulations.