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 telehealthbegin delete at the originating siteend delete 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 the consent.
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 telehealthbegin delete at the originating siteend delete
32 shall 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
2health. The consent shall be
documented.
3(c) Nothing in this section shall preclude a patient from receiving
4in-person health care delivery services during a specified course
5of health care and treatment after agreeing to receive services via
6telehealth.
7(d) The failure of a health care provider to comply with this
8section shall constitute unprofessional conduct. Section 2314 shall
9not apply to this section.
10(e) This section shall not be construed to alter the scope of
11practice of any health care provider or authorize the delivery of
12health care services in a setting, or in a manner, not otherwise
13authorized by law.
14(f) All laws regarding the confidentiality of health care
15information
and a patient’s rights to his or her medical information
16shall apply to telehealth interactions.
17(g) This section shall not apply to a patient under the jurisdiction
18of the Department of Corrections and Rehabilitation or any other
19correctional facility.
20(h) (1) Notwithstanding any other provision of law and for
21purposes of this section, the governing body of the hospital whose
22patients are receiving the telehealth services may grant privileges
23to, and verify and approve credentials for, providers of telehealth
24services based on its medical staff recommendations that rely on
25
information provided by the distant-site hospital or telehealth
26entity, as described in Sections 482.12, 482.22, and 485.616 of
27Title 42 of the Code of Federal Regulations.
28(2) By enacting this subdivision, it is the intent of the Legislature
29to authorize a hospital to grant privileges to, and verify and approve
30credentials for, providers of telehealth services as described in
31paragraph (1).
32(3) For the purposes of this subdivision, “telehealth” shall
33include “telemedicine” as the term is referenced in Sections 482.12,
34482.22, and 485.616 of Title 42 of the Code of Federal Regulations.
This act is an urgency statute necessary for the
36immediate preservation of the public peace, health, or safety within
37the meaning of Article IV of the Constitution and shall go into
38immediate effect. The facts constituting the necessity are:
39In order to protect the health and safety of the public due to a
40lack of access to health care providers in rural and urban medically
P4 1underserved areas of California, the increasing strain on existing
2providers that occurred with the implementation of the federal
3Patient Protection and Affordable Care Act, and the assistance that
4further implementation of telehealth can provide to
help relieve
5these burdens, it is necessary for this act to take effect immediately.
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