1. A. Before performing telehealth services, a telehealth practitioner shall develop and follow a procedure to:

   1. (1) Verify the identification of the patient receiving telehealth services within a reasonable degree of certainty through use of:

      1. (a) Government issued photograph identification;
      2. (b) Insurance, Medicaid, or Medicare card; or

      3. (c) Documentation of the patient’s:

         1. (i) Date of birth; and
         2. (ii) Home address;
   2. (2) For an initial patient encounter, disclose the telehealth practitioner’s name, contact information, license type, and medical specialty, if any;
   3. (3) Except for interpretive services, obtain oral or written consent from a patient or the patient’s parent or guardian if State law requires the consent of a parent or guardian including informing patients of the risks, benefits, and side effects of prescribed treatments;
   4. (4) Securely collect and transmit a patient’s medical information, clinical data, clinical images, laboratory results, and self–reported medical history, as necessary and prevent access to data by unauthorized persons through encryption or other means;
   5. (5) Notify patients in the event of a data breach;
   6. (6) Ensure that the telehealth practitioner provides a secure and private telehealth connection that complies with federal and state privacy laws; and
   7. (7) Establish safety protocols to be used in the case of an emergency.

2. B. Except when providing asynchronous telehealth services, a telehealth practitioner shall:

   1. (1) Obtain or confirm an alternative method of contacting the patient in case of a technological failure;
   2. (2) Confirm whether the patient is in Maryland and identify the practice setting in which the patient is located; and
   3. (3) Identify all individuals present at each location and confirm they are allowed to hear personal health information.
3. C. The requirements set forth under §§A and B of this regulation may be delegated.

Authority: Health Occupations Article, §§1-213, 1-606, 1-1003, 1-1006, 14-205, Annotated Code of Maryland

Effective date: December 28, 2009 (36:26 Md. R. 1995)

Regulations .01—.07, Telemedicine, repealed and new Regulations .01—.07, Telehealth, adopted effective August 12, 2019 (46:16 Md. R. 688)

Regulation .02B amended effective September 15, 2025 (52:18 Md. R. 923)

Regulation .03 amended effective September 15, 2025 (52:18 Md. R. 923)

Regulation .04 amended effective September 15, 2025 (52:18 Md. R. 923)

Regulation .05 amended effective September 15, 2025 (52:18 Md. R. 923)

Regulation .06 B, C amended effective September 15, 2025 (52:18 Md. R. 923)

Regulation .06C amended effective January 19, 2026 (53:1 Md. R. 21)

Regulation .06D adopted effective September 15, 2025 (52:18 Md. R. 923)