6 Updates Plus an Opportunity to Connect in Minnesota

Will you be at the gpTRAC - Great Plains Telehealth Resource & Assistance Center Telehealth Everywhere Conference May 23-34 in Minnesota? Carrie Nixon takes the stage on day two to update attendees on federal telehealth policy. If you’re planning to go, please comment below so she can be sure to connect with you!

Now let’s get on to the updates.

Arkansas 

Enters Interstate Counseling and Occupational Therapy Compacts

TLDR: Effective March 13, 2023, Arkansas entered the Interstate Counseling Compact as well as the Interstate Compact on Occupational Therapy Licensure. The Counseling Compact will facilitate the interstate practice of Licensed Professional Counselors. Importantly, the Counseling Compact will allow for the use of telehealth technology to improve patient access to professional counseling services. The purpose of the Interstate Compact on Occupational Therapy Licensure is to facilitate the interstate practice of occupational therapy, with the goal of improving public access to occupational therapy services. 

Key Takeaways:

• Under the Interstate Counseling Compact, licensed professional counselors that are licensed in member states have the right to practice in any member state via telehealth under a privilege to practice.
• The Occupational Therapy Licensure Compact increases public access to occupational therapy services by providing for the mutual recognition of other member state licenses.
• Check out the full revisions for the Interstate Counseling Compact here; and the Occupational Therapy Compact here. 

Florida

Updates Penalties for Osteopathic Medicine Telehealth Registrants

TLDR: Effective March 22, 2023, the Florida Department of Health/Board of Osteopathic Medicine adopted a rule that updates rules regarding violations and penalties for osteopathic medicine practitioners. Specifically, the rule updates minimum and maximum penalties for telehealth registrants, such as licensure revocations and fines of up to $10,0000. 

Key Takeaways:

• The statutory language describes the types of misconduct that will result in defined penalties, which ranges from fraudulent licensure renewal to fraud and abuse violations.
• If the violation is for fraud or making a false or fraudulent representation, the Board may impose a fine of up to $10,000.00 per count or offense. 
• Check out the full revisions here. 

Idaho (2)

Outlines Requirements for Virtual Care

TLDR: Effective July 1, 2023, Idaho passed a law that amends state telehealth regulations to update requirements for the delivery of virtual care. The new law changes the term “telehealth” to a more expansive term–“virtual care”–and outlines the requirements for provider-patient and prescriber-patient relationships, acting within a provider's scope of practice, continuity of care, and documentation and record-keeping.

Key Takeaways:

• Virtual care is defined as “technology-enabled health care services in which the patient and the provider are not in the same location.” The term encompasses a wide variety of synchronous and asynchronous care delivery modalities, including telemedicine, telehealth, m-health, e-consults, e-visits, video visits, and remote patient monitoring.
• Physician-patient and prescriber-patient relationships may be established via virtual care, including through an asynchronous visit, as long as the same Idaho community standard of care that is applied in-person is followed. 
• Providers delivering services via virtual care must practice in a manner consistent with their scope of practice. 
• Providers delivering services via virtual care shall be available for follow-up care and shall provide patients with a method to contact them. 
• Providers delivering services via virtual care must document the services in the patient’s medical record according to the same standard used for in-person services. 
• Check out the full revisions here.

Outlines Licensing Exemptions for Virtual Care

TLDR: Effective July 1, 2023, Idaho passed a law that amends state telehealth regulations to update requirements for the delivery of virtual care. Specifically, the rule added a section outlining the instances  in which an Idaho license is not required for virtual care. The law permits providers with out-of-state licenses to provide virtual care in a limited set of circumstances, including for continuity of care or through employment or contract with an Idaho facility.

Key Takeaways:

• An Idaho license is not required for the provision of virtual care when a provider is licensed and in good standing in another state or jurisdiction of the United States, and:
• Has an established patient-provider relationship with a patient who is in Idaho temporarily and requires health care services from that provider,
• Has an established patient-provider relationship with a patient and provides temporary or short-term follow-up health care services to ensure continuity of care,
• Is employed by or contracted with an Idaho facility or hospital to provide services for which the provider has been privileged and credentialed,
• Renders health care services in a time of disaster and provides follow-up services to ensure continuity of care,
• Provides health care services in preparation for scheduled in-person visits, or
• Consults with or refers a patient to an Idaho licensed provider.
• Check out the full revisions here.

South Dakota

Enters Interstate Occupational Therapy Compact

TLDR: Effective March 27, 2023,  Idaho now participates in the Interstate Compact on Occupational Therapy Licensure. The purpose of the interstate compact on occupational therapy licensure is to facilitate the interstate practice of occupational therapy, with the goal of improving public access to occupational therapy services. The compact also defines “telehealth”, providing a standard definition for reference by states in the compact. 

Key Takeaways:

• The compact increases public access to occupational therapy services by providing for the mutual recognition of other member state licenses.
• The compact allows a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
• Telehealth is defined as “the application of telecommunication technology to deliver occupational therapy services for assessment, intervention, and consultation”.
• Check out the full revisions here. 

Utah

Outlines Requirements for Temporary Licenses for Telehealth

TLDR: Effective May 3, 2023, Utah passed a law that outlines the requirements for the issuance and usage of temporary licenses for telehealth. Specifically, the law enables a professional with a “nonresident health care license” to obtain a temporary license to provide telemedicine to patients located in Utah. 

Key Takeaways:

• Providers with nonresident health care licenses shall be issued a temporary license if they complete an application and if Utah’s Division of Professional Licensing determines that their application cannot be processed within 15 days of its submission.
• Individuals with temporary licenses are authorized to provide telemedicine services if:
• they are licensed to perform the same service under a nonresident health care license, 
• the patient is located in Utah at the time the service is rendered, and 
• if performing the telemedicine service would not otherwise violate Utah state law.
• Check out the full revisions here.

And that brings another issue to a close.

As always, know that if you’re a client of Nixon Law Group , then we’re keeping tabs on all of these law and policy changes for you.

You don’t have to worry about tracking all these updates on your own or making key business decisions without fully understanding the evolving landscape.

(And with 50 states and multiple federal agencies, something is always changing).

If you’re not yet a Nixon Gwilt Law client, you can explore how we help businesses like yours innovate by clicking here.

See you next time!