By Ofer Zur, Ph.D.
§1815.5. Standards of Practice for Telehealth 2016
See also California Business and Professions Code Section 2290.5
Assembly Bill No. 415, CHAPTER 547
Approved by Governor October 7, 2011. Filed with Secretary of State October 7, 2011. Available online
Notice to Licensees Regarding Psychotherapy on the Internet
In 1996 California passed legislation regulating the practice of “telemedicine” (SB 1665, c. 864). This definition was updated in 2012 and the term “telemedicine” was updated with the term “telehealth” (AB 415, Chapter 547, Statutes of 2012). As defined in Business and Professions (B&P) Code Section 2290.5, 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.”
And:
“…”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.”
And:
“…”Synchronous interaction” means a real-time interaction between a patient and a health care provider located at a distant site.”
California Business and Professions Code Section 2290.5 – Telemedicine; informed consent procedures; written consent statement; compliance; application of section
(a) For purposes of this division, the following definitions shall apply:
(1) “Asynchronous store and forward” means the transmission of apatient’s medical information from an originating site to the healthcare provider at a distant site without the presence of the patient.
(2) “Distant site” means a site where a health care provider whoprovides health care services is located while providing theseservices via a telecommunications system.
(3) “Health care provider” means either of the following:(A) A person who is licensed under this division.
(B) A marriage and family therapist intern or trainee functioningpursuant to Section 4980.43.(4) “Originating site” means a site where a patient is located atthe time health care services are provided via a telecommunicationssystem or where the asynchronous store and forward serviceoriginates.
(5) “Synchronous interaction” means a real-time interactionbetween a patient and a health care provider located at a distantsite.
(6) “Telehealth” means the mode of delivering health care services and public health via information and communication technologies tofacilitate the diagnosis, consultation, treatment, education, caremanagement, and self-management of a patient’s health care while thepatient is at the originating site and the health care provider is ata distant site. Telehealth facilitates patient self-management andcaregiver support for patients and includes synchronous interactionsand asynchronous store and forward transfers.
(b) Prior to the delivery of health care via telehealth, thehealth care provider initiating the use of telehealth shall informthe patient about the use of telehealth and obtain verbal or writtenconsent from the patient for the use of telehealth as an acceptablemode of delivering health care services and public health. Theconsent shall be documented.
(c) Nothing in this section shall preclude a patient fromreceiving in-person health care delivery services during a specifiedcourse of health care and treatment after agreeing to receiveservices via telehealth.
(d) The failure of a health care provider to comply with thissection shall constitute unprofessional conduct. Section 2314 shallnot apply to this section.
(e) This section shall not be construed to alter the scope ofpractice of any health care provider or authorize the delivery ofhealth care services in a setting, or in a manner, not otherwiseauthorized by law.
(f) All laws regarding the confidentiality of health careinformation and a patient’s rights to his or her medical informationshall apply to telehealth interactions.
(g) This section shall not apply to a patient under thejurisdiction of the Department of Corrections and Rehabilitation orany 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 telehealthservices based on its medical staff recommendations that rely oninformation provided by the distant-site hospital or telehealthentity, as described in Sections 482.12, 482.22, and 485.616 of Title42 of the Code of Federal Regulations.
(2) By enacting this subdivision, it is the intent of theLegislature to authorize a hospital to grant privileges to, andverify and approve credentials for, providers of telehealth servicesas described in paragraph (1).
(3) For the purposes of this subdivision, “telehealth” shallinclude “telemedicine” as the term is referenced in Sections 482.12,482.22, and 485.616 of Title 42 of the Code of Federal Regulations.