TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 310-A
OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Section 310-A:1-g

    310-A:1-g Telemedicine and Telehealth Services. –
I. " Asynchronous interaction " means an exchange of information between a patient and a health care professional that does not occur in real time.
I-a. " Synchronous interaction " means an exchange of information between a patient and a health care professional that occurs in real time.
I-b. " Telemedicine " means the use of audio, video, or other electronic media and technologies by a health care professional in one location to a patient at a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions.
II. " Telehealth " means the use of audio, video, or other electronic media and technologies by a health care professional in one location to a patient at a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions.
III. Individuals licensed, certified, or registered pursuant to RSA 137-F; RSA 151-A; RSA 315; RSA 316-A; RSA 317-A; RSA 326-B; RSA 326-D; RSA 326-H; RSA 327; RSA 328-E; RSA 328-F; RSA 328-G; RSA 329-B; RSA 330-A; RSA 330-C; RSA 327-A; RSA 329; RSA 326-B; RSA 318; RSA 328-I; RSA 328-J may provide services through telemedicine or telehealth, provided the services rendered are authorized by scope of practice. Nothing in this provision shall be construed to expand the scope of practice for individuals regulated under this chapter.
IV. Unless otherwise prescribed by statute, an out-of-state healthcare professional providing services by means of telemedicine or telehealth shall be required to be licensed, certified, or registered by the appropriate New Hampshire licensing body if the patient is physically located in New Hampshire at the time of service. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II.
V. An individual providing services by means of telemedicine or telehealth directly to a patient shall:
(a) Use the same standard of care as used in an in-person encounter;
(b) Maintain a medical record;
(c) Subject to the patient's consent, forward the medical record to the patient's primary care or treating provider, if appropriate; and
(d) Provide meaningful language access if the individual is practicing in a facility that is required to ensure meaningful language access to limited-English proficient speakers pursuant to 45 C.F.R. section 92.101 or RSA 354-A, or to deaf or hard of hearing individuals pursuant to 45 C.F.R. section 92.102, RSA 521-A, or RSA 354-A.
VI. Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.
VII. Physicians and physician assistants, governed by RSA 329 and RSA 328-D; advanced practice nurses, governed by RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b; midwives, governed by RSA 326-D; psychologists, governed by RSA 329-B; allied health professionals, governed by RSA 328-F; dentists, governed by RSA 317-A; mental health practitioners governed by RSA 330-A; community mental health providers employed by community mental health programs pursuant to RSA 135-C:7; alcohol and other drug use professionals, governed by RSA 330-C; and dietitians, governed by RSA 326-H shall be authorized to provide consultation services or follow-up care via telehealth to a patient who previously received services from the provider in the state where the provider is licensed.
VIII. Nothing in this section shall limit a provider's ability to diagnose, assess, or treat an individual patient.

Source. 2020, 27:12, eff. July 21, 2020. 2021, 91:78, eff. July 1, 2021. 2022, 174:1, eff. Aug. 6, 2022; 197:1, eff. June 17, 2022; 272:62, eff. June 24, 2022; 341:1, 2, eff. Aug. 3, 2022.