Bill Text: CA AB2484 | 2013-2014 | Regular Session | Introduced
Bill Title: Healing arts: telehealth.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-13 - Referred to Coms. on B.,P. & C.P. and HEALTH. [AB2484 Detail]
Download: California-2013-AB2484-Introduced.html
BILL NUMBER: AB 2484 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gordon
FEBRUARY 21, 2014
An act to amend Section 2290.5 of the Business and Professions
Code, relating to telehealth.
LEGISLATIVE COUNSEL'S DIGEST
AB 2484, as introduced, Gordon. Healing arts: telehealth.
Existing law provides for the licensure and regulation of various
healing arts professions by various boards within the Department of
Consumer Affairs. A violation of specified provisions is a crime.
Existing law defines telehealth for the purpose of its regulation and
requires a health care provider, as defined, prior to the delivery
of health care via telehealth, to verbally inform the patient that
telehealth may be used and obtain verbal consent from the patient and
to document that verbal consent in the patient's medical record.
This bill would alternatively allow a health care provider to
obtain written consent from the patient before telehealth may be used
and would require that written consent to be documented in the
patient's medical record.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2290.5 of the Business and Professions Code is
amended to read:
2290.5. (a) For purposes of this division, the following
definitions shall apply:
(1) "Asynchronous store and forward" means the transmission of a
patient's medical information from an originating site to the health
care provider at a distant site without the presence of the patient.
(2) "Distant site" means a site where a health care provider who
provides health care services is located while providing these
services via a telecommunications system.
(3) "Health care provider" means a person who is licensed under
this division.
(4) "Originating site" means a site where a patient is located at
the time health care services are provided via a telecommunications
system or where the asynchronous store and forward service
originates.
(5) "Synchronous interaction" means a real-time interaction
between a patient and a health care provider located at a distant
site.
(6) "Telehealth" means the mode of delivering health care services
and public health via information and communication technologies to
facilitate the diagnosis, consultation, treatment, education, care
management, and self-management of a patient's health care while the
patient is at the originating site and the health care provider is at
a distant site. Telehealth facilitates patient self-management and
caregiver support for patients and includes synchronous interactions
and asynchronous store and forward transfers.
(b) Prior to the delivery of health care via telehealth, the
health care provider at the originating site shall verbally inform
the patient that telehealth may be used and obtain verbal or
written consent from the patient for this use. The verbal
or written consent shall be documented in the patient's medical
record.
(c) The failure of a health care provider to comply with this
section shall constitute unprofessional conduct. Section 2314 shall
not apply to this section.
(d) This section shall not be construed to alter the scope of
practice of any health care provider or authorize the delivery of
health care services in a setting, or in a manner, not otherwise
authorized by law.
(e) All laws regarding the confidentiality of health care
information and a patient's rights to his or her medical information
shall apply to telehealth interactions.
(f) This section shall not apply to a patient under the
jurisdiction of the Department of Corrections and Rehabilitation or
any other correctional facility.
(g) (1) Notwithstanding any other provision of law and for
purposes of this section, the governing body of the hospital whose
patients are receiving the telehealth services may grant privileges
to, and verify and approve credentials for, providers of telehealth
services based on its medical staff recommendations that rely on
information provided by the distant-site hospital or telehealth
entity, as described in Sections 482.12, 482.22, and 485.616 of Title
42 of the Code of Federal Regulations.
(2) By enacting this subdivision, it is the intent of the
Legislature to authorize a hospital to grant privileges to, and
verify and approve credentials for, providers of telehealth services
as described in paragraph (1).
(3) For the purposes of this subdivision, "telehealth" shall
include "telemedicine" as the term is referenced in Sections 482.12,
482.22, and 485.616 of Title 42 of the Code of Federal Regulations.
