W. Va. Code R. § 11-15-6

Current through Register Vol. XLI, No. 44, November 1, 2024
Section 11-15-6 - Establishment of the Provider-Patient Relationship
6.1. Among other ways, a provider-patient relationship is formed when a provider serves a patient's medical needs, examines, diagnoses or treats a patient, or agrees to examine, diagnose or treat a patient.
6.2. A provider-patient relationship may be established through:
6.2.1. An in-person patient encounter;
6.2.2 Store and forward telemedicine or other similar technologies for the practice of pathology and radiology;
6.2.3. Telemedicine technologies which incorporate interactive audio using store and forward technology, real-time videoconferencing, or similar secure video services during the initial provider-patient encounter; or
6.2.4. Audio-only calls or conversations that occur in real time.
6.3. While real-time audio-only communications may be utilized to establish the provider-patient relationship, patient communication though audio-visual communication is preferable, if available or possible. Real-time audio-only communications may not be utilized when its use does not conform to the standard of care.
6.4. The provider-patient relationship may not be established through text-based communications such as email, internet questionnaires, text-based messaging, or other written forms of communication.
6.5. After a provider-patient relationship has been established, a provider may utilize any telemedicine technology that meets the standard of care and is appropriate for the patient presentation.
6.6. This rule does not prohibit the use of text-based communications for:
6.6.1. Responding to call for existing patients;
6.6.2. Providing cross coverage for a provider who has established a provider-patient relationship with the patient through an in-person encounter; or
6.6.3. Providing medical assistance in the event of an emergency.

W. Va. Code R. § 11-15-6