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

   1. (1) Verify the identification of the client receiving telehealth services through use of:

      1. (a) A government-issued photograph identification;

      2. (b) Documentation of the client’s:

         1. (i) Date of birth; and
         2. (ii) Home address; or
      3. (c) Except for registered massage therapists, an insurance, Medicaid, or Medicare card;

   2. (2) For an initial client-telehealth practitioner encounter, disclose the telehealth practitioner’s:

      1. (a) Name;
      2. (b) Maryland license or registration number; and
      3. (c) Contact information;
   3. (3) Obtain oral or written consent from a client or client’s parent or guardian if State law requires the consent of a parent or guardian, including informing clients of the risks, benefits, and side effects of the recommended health care services;
   4. (4) Securely collect and transmit a client’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 clients 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, including contact information for emergency services at the client’s location.

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

   1. (1) Obtain or confirm an alternative method of contacting the client in case of a technological failure;
   2. (2) Confirm whether the client is in Maryland and identify the specific practice setting in which the client is located; and
   3. (3) Identify all individuals present at each location and confirm they are allowed to hear the client’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 massage therapy practice appointments.

Authority: Health Occupations Article, §§1-1001—1-1006 and 6-206, Annotated Code of Maryland

Effective date: September 18, 2023 (50:18 Md. R. 799)