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. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
II. "Telehealth" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
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. Notwithstanding any provision of law to the contrary, 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 licensing board within the office of professional licensure and certification. 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; and
(c) Subject to the patient's consent, forward the medical record to the patient's primary care or treating provider, if appropriate.
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.

Source. 2020, 27:12, eff. July 21, 2020. 2021, 91:78, eff. July 1, 2021.