§2276-A. Telehealth services
(REALLOCATED FROM TITLE 32, SECTION 2287)
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Asynchronous encounter" means an interaction between a patient and a person licensed under this chapter 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 patient and the person licensed under this chapter. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
B. "Store and forward transfer" means the transmission of a patient's records through a secure electronic system to a person licensed under this chapter. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
C. "Synchronous encounter" means a real-time interaction conducted with an interactive audio or video connection between a patient and a person licensed under this chapter or between a person licensed under this chapter and another health care provider. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
D. "Telehealth services" means health care services delivered through the use of information technology and includes synchronous encounters, asynchronous encounters, store and forward transfers and telemonitoring. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
E. "Telemonitoring" means the use of information technology to remotely monitor a patient's health status via electronic means, allowing the person licensed under this chapter to track the patient's health data over time. Telemonitoring may be synchronous or asynchronous. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
[PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
2. Telehealth services permitted. A person licensed under this chapter may provide telehealth services as long as the licensee acts within the scope of practice of the licensee's license, in accordance with any requirements and restrictions imposed by this section and in accordance with standards of practice.
[PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
3. Confidentiality. When providing telehealth services, a person licensed under this chapter shall comply with all state and federal confidentiality and privacy laws.
[PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
4. Professional responsibility. All laws and rules governing professional responsibility, unprofessional conduct and generally accepted standards of practice that apply to a person licensed under this chapter also apply to that licensee while providing telehealth services.
[PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
5. Rulemaking. The board shall adopt rules governing telehealth services by persons licensed under this chapter. These rules must establish standards of practice and appropriate restrictions for the various types and forms of telehealth services. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §5 (NEW). RR 2021, c. 1, Pt. A, §26 (RAL).
Structure Maine Revised Statutes
TITLE 32: PROFESSIONS AND OCCUPATIONS
Chapter 32: OCCUPATIONAL THERAPY PRACTICE
Subchapter 1: GENERAL LICENSING PROVISIONS
32 §2271. Declaration of purpose (REPEALED)
32 §2273. Board of Occupational Therapy Practice; establishment; compensation
32 §2274. Board of occupational therapy practice; powers and duties
32 §2275. Board of occupational therapy practice; administrative provisions (REPEALED)
32 §2276-A. Telehealth services (REALLOCATED FROM TITLE 32, SECTION 2287)
32 §2277. Persons and practices exempt
32 §2281. Waiver of requirements for licensure
32 §2282. Issuance of license (REPEALED)