Current through Register Vol. 18, September 20, 2024
(1)
Treatment of a patient who is physically located in Montana by a licensee using
telemedicine occurs where the patient is physically located.
(2) The licensee using telemedicine in the
treatment and care of patients in Montana shall adhere to the same standards of
care required for in-person medical care settings.
(3) A provider-patient relationship may be
established for purposes of telemedicine:
(a)
by an in-person medical interview and physical examination when the standard of
care requires an in-person encounter;
(b) by consultation with another licensee or
health care provider who has a documented relationship with the patient and who
agrees to participate in, or supervise, the patient's care; or
(c) through telemedicine if the standard of
care does not require an in-person encounter.
(4) The licensee using telemedicine in
patient care may prescribe Schedule II drugs in compliance with Drug
Enforcement Agency requirements and
37-20-404, MCA.
(5) The licensee using telemedicine in
patient care shall:
(a) make available to the
patient verification of the licensee's identity and credentials;
(b) verify the identity of the
patient;
(c) establish a
provider-patient relationship prior to initiating care;
(d) obtain a medical history sufficient for
diagnosis and treatment in keeping with the applicable standard of care prior
to providing treatment or issuing prescriptions, or delegating the patient's
medical services to other health care providers;
(e) delegate the patient's medical care only
to health care providers:
(i) who are known by
the licensee to be qualified and competent to perform the delegated services;
(ii) with whom the patient has an
established provider-patient relationship; or
(iii) who have physical or electronic access
to the licensee for consultation and follow-up while the patient is under the
licensee's or the delegee's care;
(f) securely maintain and make timely
available:
(i) to the patient or the
patient's representative all relevant medical and billing records received or
produced in connection with the patient's care; and
(ii) to other health care providers all
medical records received or produced in connection with the patient's
care.
AUTH:
37-3-203,
37-3-301, MCA; IMP:
37-3-301,
MCA
