West Virginia Code of State Rules
Agency 11 - Medicine
Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE
Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants
Section 11-15-6 - Establishment of the Provider-Patient Relationship

Universal Citation: 11 WV Code of State Rules 11-15-6

Current through Register Vol. XLI, No. 38, September 20, 2024

6.1. Among other ways, a provider-patient relationship is formed when a provider serves a patient's medical needs, examines, diagnoses or treats a patient, or agrees to examine, diagnose or treat a patient.

6.2. A provider-patient relationship may be established through:

6.2.1. An in-person patient encounter;

6.2.2 Store and forward telemedicine or other similar technologies for the practice of pathology and radiology;

6.2.3. Telemedicine technologies which incorporate interactive audio using store and forward technology, real-time videoconferencing, or similar secure video services during the initial provider-patient encounter; or

6.2.4. Audio-only calls or conversations that occur in real time.

6.3. While real-time audio-only communications may be utilized to establish the provider-patient relationship, patient communication though audio-visual communication is preferable, if available or possible. Real-time audio-only communications may not be utilized when its use does not conform to the standard of care.

6.4. The provider-patient relationship may not be established through text-based communications such as email, internet questionnaires, text-based messaging, or other written forms of communication.

6.5. After a provider-patient relationship has been established, a provider may utilize any telemedicine technology that meets the standard of care and is appropriate for the patient presentation.

6.6. This rule does not prohibit the use of text-based communications for:

6.6.1. Responding to call for existing patients;

6.6.2. Providing cross coverage for a provider who has established a provider-patient relationship with the patient through an in-person encounter; or

6.6.3. Providing medical assistance in the event of an emergency.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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