Current through Register Vol. XLI, No. 50, December 13, 2024
Section 29-1-16 - Registration, Renewal, Standard of Care and Standards of Conduct of an Interstate Telepractice Practitioner16.1. Definitions: 16.1.1. "Established patient" means a patient who has, within the last three years, received professional services, face-to-face, from the physician, qualified health care professional, or another physician or qualified health care professional of the exact same specialty and subspecialty who belongs to the same group practice.16.1.2. "Health care practitioner" means a person authorized to practice under W. Va. Code § 30-3-1 et. seq., & 30-32-1 et seq., and any other person who provides healthcare services and is licensed under this Rule.16.1.3. "Interstate telepractice services" means the provision of telepractice services to a patient located in West Virginia by a health care practitioner located in any other state or commonwealth of the United States.16.1.4. "Registration" means an authorization to practice a health profession regulated by W. Va. Code § 30-1-1et seq. and § 30-32-1et seq. for the limited purposed of providing interstate telepractice services within the registrant's scope of practice.16.1.5 "Telepractice services" means the use of synchronous or asynchronous telecommunications technology or audio only telephone calls by a health care practitioner to provide health care services, including, but not limited to the assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include internet questionnaires, email messages, or facsimile transmissions.16.2. To be eligible for registration as an interstate telepractice practitioner, the registrant shall: 16.2.1. Submit registration to the Board on the registration form approved by the Board;16.2.2. Pay to the Board the appropriate registration fee as required in section 11 of this rule;16.2.3. Pass the jurisprudence examination developed by the Board. The applicant shall submit the completion certificate with the registration form, fees, and other required documents.16.2.4. Hold license in good standing in all states he or she is currently providing services and shall not currently be under investigation or subject to an administrative complaint.16.2.5. The Board shall issue registration as an out-of-state telepractice practitioner when the health care practitioner-patient relationship is established.16.3. The registration of out-of-state telepractice practitioner expires biennially on the 31st day of December. Expiration of a registration is always on the even year, e.g., 2022, etc.16.4. A registrant requesting renewal of a registration shall:16.4.1. Pay to the Board the registration renewal fees, as stated in section 11 of this rule.16.4.2. Submit a registration for renewal on the registration form provided by the Board; 16.4.3. Complete 20 hours of Board approved continuing education activities specific to telepractice clinical skills. Full details of the continuing education requirements are stated in section 14 of this rule.16.5. The Board shall notify all registrants of the renewal procedures during the fourth quarter of the year the registration expires. Notifications will be sent via email to the last email address provided by the registrant. If an email address is not available, the notification will be sent via US Mail to the last physical home address provided by the licensee. It is the responsibility of the licensee to notify the Board of any change in contact information.16.6. A registration that expires may be renewed within one year of the expiration date, as long as the registrant is entitled to renewal and pays the Board the renewal fee and the late fee as stated in section 11.16.6.1. A registration renewed after expiration is valid only when all renewal requirements are met. Prior to the renewal of an expired registration, the registrant is considered inactive. Anyone providing services with an expired or inactive license may face disciplinary actions for unlicensed practice.16.7. The Standard of Care for the Provision of Out-of-State Telepractice Services.16.7.1 The standard of care requires that with respect to the established patient, the patient shall visit an in-person health care practitioner within 12 months of using the initial telepractice service or the telepractice service shall no longer be available to the patient until an in-person visit is obtained. This requirement may be suspended, in the discretion of the health care practitioner, on a case-by-case basis, but it does not apply to the following services: acute inpatient care, post-operative follow-up checks, behavioral medicine, addiction medicine, or palliative care.16.8. A registration issued pursuant to the provisions of the requirements of this section does not authorize a health care professional to practice from a physical location within this state without first obtaining appropriate licensure.16.9. A healthcare professional who registers to provide interstate telepractice services pursuant to the provisions of or the requirements of this section shall immediately notify the board of any restrictions placed on the individual's license to practice in any state or jurisdiction.16.10. Interstate Registrants shall comply with the West Virginia Board of Examiners for Speech-Language Pathology and Audiology W. Va. Code § 30-32-1et seq. and the Board W. Va. Code Rule Title §29. Failure to comply with the W. Va. Code § 30-32-1et seq. and W. Va. Code Rule Title §29 will be grounds for disciplinary action as described in W. Va. Code § 30-32-19.16.11. A person currently licensed in West Virginia is not subject to registration but shall practice telepractice in accordance with the provisions of sections W. Va. Code Rule § 29-1-17.