34-52-1. Definitions. Terms used in this chapter mean: (1)”Health care professional,” as defined in §58-17F-1; (2)”Health care facility,” any office or institution where health services are provided, including any hospital, clinic, ambulatory surgery center, outpatient care facility, nursing home, assisted living facility, laboratory, or office of a health care professional; (3)”Originating site,” a site where […]
34-52-2. Treatment of patients through telehealth–Requirements. Any health care professional treating a patient in the state through telehealth shall be: (1)Fully licensed to practice in the state or employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed child welfare […]
34-52-3. Provider-patient relationship required–Exceptions. Any health care professional who utilizes telehealth shall ensure that a proper health provider-patient relationship is established and includes: (1)Verifying and authenticating the location and, to the extent reasonable, identifying the requesting patient; (2)Disclosing and validating the health care professional’s identity and applicable credentials, as appropriate; (3)Obtaining appropriate consent for treatment […]
34-52-4. Treatment and consultation recommendations. Treatment and consultation recommendations made through telehealth via a health care professional shall be appropriately provided and within the health care professional’s scope of practice, training, and experience. Source: SL 2019, ch 156, §4.
34-52-5. Face-to-face examination using real-time audio and visual technology. A health care professional using telehealth to provide medical care to any patient located in the state shall provide an appropriate face-to-face examination using real-time audio and visual technology prior to diagnosis and treatment of the patient, if a face-to-face encounter would otherwise be required in […]
34-52-6. Prescribing drugs. Without a proper provider-patient relationship, a health care professional using telehealth may not prescribe a controlled drug or substance, as defined by §34-20B-3, solely in response to an internet questionnaire or consult, including any encounter via telephone. Source: SL 2019, ch 156, §6; SL 2020, ch 151, § 2.
34-52-7. Informed consent. A health care professional using telehealth shall follow any applicable state or federal statute or rule for informed consent. Source: SL 2019, ch 156, §7.
34-52-8. Medical records. A health care professional or the originating site treating a patient through telehealth shall: (1)Maintain a complete record of the patient’s care; (2)Disclose the record to the patient consistent with state and federal laws; and (3)Follow applicable state and federal statutes and regulations for medical record retention and confidentiality. Source: SL 2019, […]
