D.C. Mun. Regs. tit. 17, r. 17-4618

Current through Register Vol. 71, No. 50, December 13, 2024
Rule 17-4618 - TELEMEDICINE
4618.1

In order to practice telemedicine for a patient located within the District of Columbia, a license to practice medicine in the District of Columbia is required, except as specified in §§ 3-1205.01 and 3-1205.02 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq.). For any services rendered outside the District of Columbia, the provider of the services shall meet any licensure requirement of the jurisdiction in which the patient is physically located.

4618.2

In making medical decisions regarding a patient through the use of telemedicine, a physician shall adhere to the same standards of care as when making medical decisions in an in-person encounter with a patient. This includes, but shall not be limited to, the following:

(a) Obtaining and documenting patient consent, except when providing interpretive services;
(b) Creating and maintaining adequate medical records;
(c) Following requirements of the District of Columbia and federal laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH), with respect to the confidentiality and disclosure of protected health information and medical records; and
(d) Adhering to requirements and prohibitions found in the Health Occupations Revision Act (D.C. Official Code §§ 3-1201.01et seq.).
4618.3

A physician shall perform a patient evaluation to establish diagnoses and identify underlying conditions or contraindications to recommended treatment options before providing treatment or prescribing medication for a patient utilizing the appropriate standards of care, except when performing interpretive services.

4618.4

If a physician-patient relationship does not include a prior in-person interaction with a patient, the physician may use real- time telemedicine to allow a free exchange of protected health information between the patient and the physician to establish the physician-patient relationship and perform the patient evaluation.

4618.5

When providing interpretive services, the physician shall ensure that there is no clinically significant loss of data from image acquisition through transmission to final image display.

4618.6

A District of Columbia- licensed physician may rely on a patient evaluation performed by another District of Columbia- licensed physician if the former is providing coverage for the latter.

4618.7

In order to deliver services or treatment through telemedicine, a licensed practitioner shall have the current minimal technological capabilities to meet all standard of care requirements.

4618.8

Adequate security measures shall be implemented to ensure that all patient communications, recordings and records remain confidential.

4618.9

All relevant patient-physician, communications, including those done via an electronic method such as email or other electronic messaging system, shall be documented and filed in the patient's medical record.

4618.10

Patients shall be informed of alternate forms of communication between the patient and a physician for urgent matters.

4618.11

All licensees shall continue to be subject to the requirements of the Health Occupations Revision Act (D.C. Official Code, §§ 3-1201 et seq.), and the District of Columbia Municipal Regulations (17 DCMR §§ 4600 et seq.).

D.C. Mun. Regs. tit. 17, r. 17-4618

Final Rulemaking published at 64 DCR 12952 (12/22/2017)