Current through Vol. 42, No. 4, November 1, 2024
Section 435:10-7-13 - Telemedicine(a) Physicians treating patients in Oklahoma through telemedicine must be fully licensed to practice medicine in Oklahoma; and(b) Must practice telemedicine in compliance with standards established in these rules. In order to be exempt from the face-to-face meeting requirement set out in these rules, the telemedicine encounter must meet the following: (1)Telemedicine encounters. Telemedicine encounters require the distant site physician to perform an exam of a patient at a separate, remote originating site location. In order to accomplish this, and if the distant site physician deems it to be medically necessary, a licensed healthcare provider trained in the use of the equipment may be utilized at the originating site to "present" the patient, manage the cameras, and perform any physical activities to successfully complete the exam. A medical record must be kept and be accessible at both the distant and originating sites, preferably a shared Electronic Medical Record, that is full and complete and meets the standards as a valid medical record. There should be provisions for appropriate follow up care equivalent to that available to face-to-face patients. The information available to the distant site physician for the medical problem to be addressed must be equivalent in scope and quality to what would be obtained with an original or follow-up face-to-face encounter and must meet all applicable standards of care for that medical problem including the documentation of a history, a physical exam, the ordering of any diagnostic tests, making a diagnosis and initiating a treatment plan with appropriate discussion and informed consent.(2)Equipment and technical standards(A) Telemedicine technology must be sufficient to provide the same information to the provider as if the exam has been performed face-to-face.(B) Telemedicine encounters must comply with HIPAA (Health Insurance Portability and Accountability Act of 1996) security measures to ensure that all patient communications and records are secure and remain confidential.(3)Technology guidelines(A) Audio and video equipment must permit interactive, real-time communications.(B) Technology must be HIPAA compliant.(4)Board Approval of Telemedicine. In the event a specific telemedicine program is outside the parameters of these rules, the Board reserves the right to approve or deny the program.Okla. Admin. Code § 435:10-7-13
Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014