Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
380 - STATE BOARD OF NURSING
Chapter 11 - JOINT RULE REGARDING TELEHEALTH STANDARDS OF PRACTICE
Section 380-11-2 - DEFINITIONS

1. "Asynchronous encounter" means an interaction between an individual and a licensee through a system that has the ability to store digital information, including but not limited to still images, video files, audio files, text files and other relevant data, and to transmit such information without requiring the simultaneous presence of the individual and licensee.

2. "Board" means the Maine Board of Licensure in Medicine, the Board of Osteopathic Licensure or the State Board of Nursing.

3. "Health care services" means services provided by a licensed or registered physician, physician assistant, or nurse according to the applicable scope of practice and standard of care.

4. "In-person encounter" means that the licensee and the patient are in the physical presence of each other and are in the same physical location during the clinician-patient encounter.

5. "Licensee" means a physician, physician assistant, licensed practical nurse, registered professional nurse, or advanced practice registered nurse licensed or registered by the Board.

6. "Licensee-patient relationship" means the relationship established between a licensee and a patient according to this rule and the laws, rules, and standards of practice applicable to a licensee.

7. "Nurse compact state" means a state that has enacted the Nurse Licensure Compact as revised by the National Council of State Boards of Nursing.

8. "Nursing assessment" means a pertinent assessment of a patient conducted by a registered professional nurse in accordance with the laws and rules of the Board and nursing standards of care for the purpose of the patient visit.

9. "Physical examination" means a pertinent physical examination of a patient conducted by a licensed physician, physician assistant, or advanced practice registered nurse in accordance with the standard of care for the purpose of the patient visit.

10. "Store and forward transfer" means the transmission of an individual's records through a secure electronic system to a licensee.

11. "Synchronous encounter" means a real-time interaction conducted with an interactive audio or video connection between an individual and a licensee or between a licensee and another health care provider.

12. "Telehealth" means the provision of health care services using electronic audio-visual communications and information technologies or other means, including interactive audio with asynchronous store-and-forward transmission, between a licensee in one location and a patient in another location with or without an intervening health care provider. Telehealth includes asynchronous store-and-forward technologies, telemonitoring, and real-time interactive services, including teleradiology and telepathology. When necessary and appropriate under the circumstances and if in compliance with the applicable standard of care, telehealth includes the use of audio-only technology. Telehealth shall not include the provision of health care services only through e-mail, instant messaging, facsimile transmission, or U.S. mail or other parcel service, or any combination thereof between a licensee in one location and a patient in another location with or without an intervening health care provider.

13. "Telehealth technologies" means technologies and devices enabling secure electronic communications and information exchanges between a licensee in one location and a patient in another location with or without an intervening health care provider.

14. "Telemonitoring" means the use of information technology to remotely monitor a patient's health status via electronic means, allowing the licensee to track the patient's health data over time Telemonitoring may be synchronous or asynchronous.