W. Va. Code R. § 14-12-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 14-12-3 - Requirements for Optometric Telemedicine

3.1. The practice of optometry occurs where the patient is located at the time the telehealth services are provided.

3.2. The optometrist who registers to practice interstate telehealth shall be:

3.2.1. Licensed in good standing in all states in which he or she is licensed and not currently under investigation or subject to an administrative complaint; and

3.2.2. Registered as an interstate telehealth practitioner with the West Virginia Board of Optometry holding a valid registration.

3.3. No person shall deliver optometric telehealth services unless a bona fide optometrist-patient relationship is established. A bona fide optometrist-patient relationship shall exist if the optometrist has:

3.3.1. obtained or caused to be obtained and reviewed a health and ocular history of the patient;

3.3.2. performed or caused to be performed and reviewed appropriate examination of the patient, either physically through use of instrumentation and diagnostic equipment by which digital scans, photographs, images and records able to be transmitted electronically, or through use of face-to-face interactive two-way real-time communications services, store-and-forward technologies, or through audio only calls or conversations that occur in real time;

3.3.3. provided information to the patient about the services to be performed; and

3.3.4. initiated additional diagnostic tests or referrals as needed.

3.3.5. In cases in which an optometrist is providing telehealth, the examination required by section 3.3.2 of this rule shall not be required if the patient has been examined in person by an optometrist licensed by the Board within the 12 months prior to the initiation of telehealth and the patient's records of such examination have been reviewed by the optometrist providing telehealth.

3.4. The standard of care for providing optometric care in the State of West Virginia via telehealth services by a registrant or licensed optometrist shall be the same as for in-person care.

3.5. A telehealth provider's selection of telemedicine technologies for a patient encounter must permit the provider to meet the standard of care for the patient's particular health issue and presentation. Treatment, including issuing a prescription, based solely on an online questionnaire, does not conform to the standard of care.

3.6. Nothing in this rule requires a practitioner to use telemedicine technologies to treat a patient if the practitioner, in his or her discretion determines that an in-person encounter is required.

3.7. A registrant shall not prescribe any controlled substance listed in Schedule II of the Uniform Controlled Substance Act via interstate telehealth services.

3.8. A provider of telehealth services shall ensure that the patient or patient's guardian is aware of the provider's identity, location, and license or registration number.

3.9. The provider of telehealth services shall provide to the patient or guardian a clear mechanism to:

3.9.1. access, supplement, and amend contact information and health information;

3.9.2. register complaints with the Board; and

3.9.3. provide consent for the use of telehealth.

3.10. All consent and required notification shall occur prior to initiating any services.

3.11. Patient medical records must meet the same requirements as in-person records including, but not limited to:

3.11.1. record retention;

3.11.2. informed consent;

3.11.3. accessibility to both the licensee or registrant and the patient or legal guardian; and

3.11.4. be consistent with all established laws and administrative regulations governing patient healthcare records, but not limited to, HIPAA.

W. Va. Code R. § 14-12-3