(a) For the purposes of this section:
“Abortifacient” means any chemical or drug prescribed or dispensed with the intent of causing an abortion.
“Established patient” means a patient who has received professional services, face-to-face, from the physician, qualified health care professional, or another physician or qualified health care professional of the exact same specialty and subspecialty who belongs to the same group practice, within the past three years.
“Health care practitioner” means a person authorized to practice under 30-3-1 et seq., 30-3E-1 et seq., 30-4-1 et seq., 30-5-1 et seq., 30-7-1 et seq., 30-7A-1 et seq., 30-8-1 et seq., 30-10-1 et seq., 30-14-1 et seq., 30-16-1 et seq., 30-20-1 et seq., 30-20A-1 et seq., 30-21-1 et seq., 30-23-1 et seq., 30-26-1 et seq., 30-28-1 et seq., 30-30-1 et seq., 30-31-1 et seq., 30-32-1 et seq., 30-34-1 et seq., 30-35-1 et seq., 30-36-1 et seq., 30-37-1 et seq. and any other person licensed under this chapter that provides health care services.
“Interstate telehealth services” means the provision of telehealth services to a patient located in West Virginia by a health care practitioner located in any other state or commonwealth of the United States.
“Registration” means an authorization to practice a health profession regulated by 30-1-1 et seq. of this code for the limited purpose of providing interstate telehealth services within the registrants scope of practice.
“Telehealth services” means the use of synchronous or asynchronous telecommunications technology or audio only telephone calls by a health care practitioner to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include internet questionnaires, e-mail messages, or facsimile transmissions.
(b) Unless provided for by statute or legislative rule, a health care board, referred to in 30-1-1 et seq. of this code, shall propose an emergency rule for legislative approval in accordance with the provisions of 29A-3-15 et seq. of this code to regulate telehealth practice by a telehealth practitioner. The proposed rule shall consist of the following:
(1) The practice of the health care service occurs where the patient is located at the time the telehealth services are provided;