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 through use of:

      1. (a) A government issued photograph identification;
      2. (b) An 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-telehealth practitioner encounter, disclose the telehealth practitioner’s:

      1. (a) Name;
      2. (b) Contact information;
      3. (c) Maryland license number and type or compact privilege number, if applicable; and
      4. (d) Medical specialty, if applicable;
   3. (3) Except for interpretive services, obtain oral or written consent from a patient or patient’s parent or guardian if State law requires the consent of a parent or guardian, including informing patients of the risks and benefits of the services to be provided;
   4. (4) Securely collect and transmit a patient’s medical health information, clinical data, clinical images, laboratory results, and self-reported medical health and clinical 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 communication modality 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 specific 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 the patient’s health information.
3. C. A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable for in-person health care settings.
4. D. The requirements set forth under §§A and B of this regulation may be delegated.

Authority: Health Occupations Article, §§2-201 and 2-205, Annotated Code of Maryland

Effective date: October 20, 2008 (35:21 Md. R. 1824

Regulations .01—.05 repealed and new regulations .01—.06 adopted effective September 18, 2023 (50:18 Md. R. 796)