SB 579, 2016 (New Section - as Truly Agreed)
191.1146. 1. Physicians licensed under chapter 334
who use telemedicine shall ensure that a properly established
physician-patient relationship exists with the person who receives
the telemedicine services. The physician-patient relationship
may be established by:
(1) An in-person encounter through a medical interview and physical examination;
(2) Consultation with another physician, or that physician's delegate, who has an established relationship with the patient and an agreement with the physician to participate in the patient's care; or
(3) A telemedicine encounter, if the standard of care does not require an in-person encounter, and in accordance with evidence-based standards of practice and telemedicine practice guidelines that address the clinical and technological aspects of telemedicine.
2. In order to establish a physician-patient relationship through telemedicine:
(1) The technology utilized shall be sufficient to establish an informed diagnosis as though the medical interview and physical examination has been performed in person; and
(2) Prior to providing treatment, including issuing prescriptions, a physician who uses telemedicine shall interview the patient, collect or review relevant medical history, and perform an examination sufficient for the diagnosis and treatment of the patient. A questionnaire completed by the patient, whether via the internet or telephone, does not constitute an acceptable medical interview and examination for the provision of treatment by telehealth.