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Statutes Text

Article - Health Occupations


    (a)    A health care practitioner providing telehealth services shall:

        (1)    Be held to the same standards of practice that are applicable to in–person health care settings; and

        (2)    If clinically appropriate for the patient, provide or refer a patient to in–person health care services or another type of telehealth service.

    (b)    (1)    A health care practitioner shall perform a clinical evaluation that is appropriate for the patient and the condition with which the patient presents before providing treatment or issuing a prescription through telehealth.

        (2)    A health care practitioner may use a synchronous telehealth interaction or an asynchronous telehealth interaction to perform the clinical evaluation required under paragraph (1) of this subsection.

    (c)    (1)    A health care practitioner may not prescribe an opiate described in the list of Schedule II substances under § 5–403 of the Criminal Law Article for the treatment of pain through telehealth, unless:

            (i)    The individual receiving the prescription is a patient in a health care facility, as defined in § 19–114 of the Health – General Article; or

            (ii)    The Governor has declared a state of emergency due to a catastrophic health emergency.

        (2)    Subject to paragraph (1) of this subsection, a health care practitioner who through telehealth prescribes a controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, is subject to any applicable regulation, limitation, and prohibition in federal and State law relating to the prescription of controlled dangerous substances.

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