Brief Telehealth: Ensuring Patient Safety, Security and Quality of Care

To achieve the potential benefits of expanded access to care for residents, states have implemented regulations to ensure the safety, security and quality of services delivered through telehealth. Similarly, providers are responsible for understanding the standards of care, patient-provider relationship and informed consent requirements within each state when considering telehealth practice across state lines.

Upholding Standards of Care

State statutes define standards of care, as well as malpractice, in very specific terms for health care delivery, both in-person and via telehealth. And because they vary from state to state, providers using telehealth must be aware of the standards of care of each state they practice in. In response to increased telehealth usage, some states, including Idaho, Missouri and Texas, simplified matters and determined that the standard of care for in-person services also applies to telehealth.

Preserving Patient-Provider Relationships

Research shows that an established patient-provider relationship typically leads to increased trust and better health outcomes. Consequently, all 50 states are currently reviewing their laws and requirements related to establishing patient-provider relationships through telehealth, aiming to ensure access to safe and high-quality healthcare. While some states permit remote establishment of the patient-provider relationship, others may still require an initial in-person examination.

Oklahoma restricts telemedicine encounters from establishing a patient-provider relationship for prescribing certain opiates, except when the encounter is for prescribing controlled substances used in medication-assisted treatment or detoxification for substance use disorders

Washington D.C. recently clarified that a patient-provider relationship can be established through telehealth, provided it meets the appropriate standard of care. However, the Mayor retains the authority to establish additional rules for specific health professions, which may include requiring an initial in-person examination.