AB 809, as amended, Logue. Healing arts: telehealth.
Existing law requires a health care provider, as defined, prior to the delivery of health care services via telehealth, as defined, to verbally inform the patient that telehealth may be used and obtain verbal consent from the patient for this use. Existing law also provides that failure to comply with this requirement constitutes unprofessional conduct.
This bill would require the health care provider initiating the use of telehealth at the originating site to obtain verbal or written consent from the patient for the use of telehealth, as specified. The bill would require that health care provider to document thebegin delete consent in the patient’s medical
recordend deletebegin insert consentend insert.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2290.5 of the Business and Professions
2Code is amended to read:
(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” means a person who is licensed under
13this division.
14(4) “Originating site” means a site where a patient is located at
15the time health care services are provided via a telecommunications
16system or where the asynchronous store and forward service
17originates.
18(5) “Synchronous interaction” means a real-time interaction
19between a patient and a health care provider located at a distant
20site.
21(6) “Telehealth” means the mode of delivering health care
22services and public health via information and communication
23technologies to facilitate the diagnosis, consultation, treatment,
24education, care management, and self-management of a patient’s
25health care while the patient is at the originating site and the health
26care provider is at a distant site. Telehealth facilitates patient
27self-management and caregiver support for patients
and includes
28synchronous interactions and asynchronous store and forward
29transfers.
30(b) Prior to the delivery of health care via telehealth, the health
31care provider initiating the use of telehealth at the originating site
32shall inform the patient about the use of telehealth and obtain verbal
33or written consent from the patient for the use of telehealth as an
P3 1acceptable mode of delivering health care services and public
2begin delete health during a specified course of health care and treatmentend deletebegin insert healthend insert.
3The consent shall bebegin delete documented in the patient’s medical recordend delete
4begin insert
documentedend insert.
5(c) Nothing in this section shall preclude a patient from receiving
6in-person health care delivery services during a specified course
7of health care and treatment after agreeing to receive services via
8telehealth.
9(d) The failure of a health care provider to comply with this
10section shall constitute unprofessional conduct. Section 2314 shall
11not apply to this section.
12(e) This section shall not be construed to alter the scope of
13practice of any health care provider or authorize the delivery of
14health care services in a setting, or in a manner, not otherwise
15authorized by law.
16(f) All laws regarding the
confidentiality of health care
17information and a patient’s rights to his or her medical information
18shall apply to telehealth interactions.
19(g) This section shall not apply to a patient under the jurisdiction
20of the Department of Corrections and Rehabilitation or any other
21correctional facility.
22(h) (1) Notwithstanding any other provision of law and for
23purposes of this section, the governing body of the hospital whose
24patients are receiving the telehealth services may grant privileges
25to, and verify and approve credentials for, providers of telehealth
26services based on its medical staff recommendations that rely on
27
information provided by the distant-site hospital or telehealth
28entity, as described in Sections 482.12, 482.22, and 485.616 of
29Title 42 of the Code of Federal Regulations.
30(2) By enacting this subdivision, it is the intent of the Legislature
31to authorize a hospital to grant privileges to, and verify and approve
32credentials for, providers of telehealth services as described in
33paragraph (1).
34(3) For the purposes of this subdivision, “telehealth” shall
35include “telemedicine” as the term is referenced in Sections 482.12,
36482.22, and 485.616 of Title 42 of the Code of Federal Regulations.
This act is an urgency statute necessary for the
38immediate preservation of the public peace, health, or safety within
39the meaning of Article IV of the Constitution and shall go into
40immediate effect. The facts constituting the necessity are:
P4 1In order to protect the health and safety of the public due to a
2lack of access to health care providers in rural and urban medically
3underserved areas of California, the increasing strain on existing
4providers that occurred with the implementation of the federal
5Patient Protection and Affordable Care Act, and the assistance that
6further implementation of telehealth can provide to
help relieve
7these burdens, it is necessary for this act to take effect immediately.
O
94