1. A. Except when providing asynchronous telehealth services or remote patient monitoring, a telehealth practitioner shall:

   1. (1) Perform a clinical patient evaluation adequate to establish a diagnosis and identify underlying conditions or contraindications to recommended treatment options before providing treatment or services through telehealth; and

   2. (2) If clinically appropriate for the patient, provide or refer a patient to:

      1. (a) In-person health care services; or
      2. (b) Another type of telehealth service.

2. B. If the evaluation is adequate to comply with §A of this regulation, a telehealth practitioner may use:

   1. (1) Telehealth devices;
   2. (2) Live synchronous audio-visual communication;
   3. (3) Other methods of performing a patient examination remotely; or
   4. (4) A patient evaluation performed by another licensed health care practitioner providing coverage.

3. C. A telehealth practitioner shall comply with all applicable laws and regulations governing referrals, testing, and evaluation of patients including, but not limited to, the requirements of:

   1. (1) COMAR 10.41.08; and
   2. (2) Health Occupations Article, §2-314.1, Annotated Code of Maryland.
4. D. A telehealth practitioner may not treat a patient based solely on an online questionnaire.

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Regulations .01—.05 repealed and new regulations .01—.06 adopted effective September 18, 2023 (50:18 Md.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