Bill Text: MS SB2904 | 2018 | Regular Session | Introduced

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Bill Title: Telemedicine services; revise regulatory requirements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-01-30 - Died In Committee [SB2904 Detail]

Download: Mississippi-2018-SB2904-Introduced.html

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MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Public Health and Welfare

By: Senator(s) Hill

Senate Bill 2904

AN ACT TO AMEND SECTION 73-25-34, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION WHICH AUTHORIZES HEALTH CARE PROVIDERS TO OFFER TELEMEDICINE SERVICES, TO PROVIDE DEFINITIONS AND CONDITIONS ON PROVIDERS OFFERING TELEMEDICINE SERVICES AND TO AUTHORIZE THE MISSISSIPPI BOARD OF MEDICAL LICENSURE TO PROMULGATE RULES RELATING TO TELEMEDICINE WITH CERTAIN EXCEPTIONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-25-34, Mississippi Code of 1972, is amended as follows:

     73-25-34.  (1) * * *  For the purposes of this section, telemedicine, or the practice of medicine across state lines, shall be defined to include any one or both of the following:

  (a)  Rendering of a medical opinion concerning diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or his agent; or

  (b)  The rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or his agent.  Telemedicine is the practice of medicine using electronic communications, information technology or other means, including, but not limited to, secure videoconferencing or interactive audio using asynchronous store and forward transfer technology, between a provider in one (1) location and a patient in another location, with or without an intervening health care provider.  Telemedicine is a method of practicing medicine as defined by Section 73-25-33, and is not a separate form of medicine.

     (2) * * *  Except as hereinafter provided, no person shall engage in the practice of medicine across state lines (telemedicine) in this state, hold himself out as qualified to do the same, or use any title, word or abbreviation to indicate to or induce others to believe that he is duly licensed to practice medicine across state lines in this state unless he has first obtained a license to do so from the State Board of Medical Licensure and has met all educational and licensure requirements as determined by the State Board of Medical Licensure.  The practice of medicine is deemed to occur at the location of the patient.  A provider may utilize telemedicine to offer medical services as part of his or her practice, provided that the provider at all times acts within the applicable standard of care.

     (3) * * *  The requirement of licensure as set forth in subsection (2) above shall not be required where the evaluation, treatment and/or the medical opinion to be rendered by a physician outside this state (a) is requested by a physician duly licensed to practice medicine in this state, and (b) the physician who has requested such evaluation, treatment and/or medical opinion has already established a doctor/patient relationship with the patient to be evaluated and/or treated.  If a provider offering telemedicine services in his or her practice does not have an established provider-patient relationship with a person seeking such services, the provider may use his or her professional judgment within the standard of care to take appropriate steps to establish a provider-patient relationship by use of appropriate telemedicine technologies, including, but not limited to, the use of interactive audio using asynchronous store and forward technology or videoconferencing.  The technological method by which the provider-patient relationship is established shall be within the discretion and medical judgment of the provider, but shall comply with the applicable medical standard of care.

     (4)  Prior to providing treatment via telemedicine, a provider shall obtain and document a patient's relevant clinical history and current symptoms to establish the diagnosis and identify underlying conditions and contraindications to the treatment recommended.  After establishment or the provider-patient relationship, the provider may prescribe medications using telemedicine services within the scope of the applicable standard of care; provided, however, that the prescription drug shall not be a controlled substance unless prescribed in compliance with 21 USC Section 802(54)(A).

     (5)  A patient's informed consent for the use of telemedicine services shall be obtained as required by any applicable law.

     (6)  Any provider offering telemedicine services shall refer a patient to an appropriate medical facility or provider for in-person treatment if medically indicated.

     (7)  Any provider offering telemedicine services as part of his or her practice shall comply with any applicable state and federal laws, rules and regulations, including the Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-191 (1996), and the Health Information Technology for Economic and Clinical Health Act (HITECH), Public Law 111-115 (2009).  Such records shall be accessible to other providers and to the patient in accordance with applicable laws, rules and regulations.

     (8)  A provider who fails to comply with this section is subject to discipline by the Mississippi Board of Medical Licensure.

     (9)  The Mississippi Board of Medical Licensure is authorized to promulgate rules relating to telemedicine; provided, however, that any such regulations shall be consistent with and no more restrictive than the provisions contained herein.

     SECTION 2.  The Mississippi Board of Medical Licensure, Rule 5.7, which states that "no physician practicing telemergency medicine shall be authorized to function in a collaborative/consultative role unless his or her practice location is a Level One Hospital Trauma Center that is able to provide continuous twenty-four-hour coverage and has an existing air ambulance system in place" shall have no legal force and effect.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2018.

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