As used in this part, the following definitions apply:

1. (1) "Referral physician" means an individual who:

   1. (a) is licensed under Title 37, chapter 3; and
   2. (b) is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment.

2. (2) "Standard of care" means, at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:

   1. (a) obtaining the patient's medical history;
   2. (b) performing a relevant and necessary physical examination;
   3. (c) reviewing prior treatment and treatment response for the debilitating medical condition;
   4. (d) obtaining and reviewing any relevant and necessary diagnostic test results related to the debilitating medical condition;
   5. (e) discussing with the patient and ensuring that the patient understands the advantages, disadvantages, alternatives, potential adverse effects, and expected response to the recommended treatment;
   6. (f) monitoring the response to treatment and possible adverse effects; and
   7. (g) creating and maintaining patient records that remain with the physician.
3. (3) "Telemedicine" has the meaning provided in 37-3-102.

4. (4) "Treating physician" means an individual who:

   1. (a) is licensed under Title 37, chapter 3; and
   2. (b) has a bona fide professional relationship with the individual applying to be a registered cardholder.
5. (5) "Written certification" means a statement signed by a treating physician or referral physician that meets the requirements of 16-12-509 and is provided in a manner that meets the standard of care.

History: En. Sec. 10, Ch. 576, L. 2021.