Sunday, October 2, 2022
HomeHealth LawAlabama Enacts New Telemedicine Legislation

Alabama Enacts New Telemedicine Legislation



Alabama Governor Kay Ivey just lately signed SB 272 into regulation, setting forth telemedicine apply requirements and abolishing Alabama’s earlier “particular function license” that allowed physicians licensed in different states to apply throughout state strains into Alabama. The regulation is efficient July 11, 2022.

The regulation creates a brand new article within the Code of Alabama (Sections 34-24-701 by way of 34-24-707 of Chapter 24, Title 34). The statutory language is prolonged, however the important thing provisions are summarized under.

Medical License

Except the doctor meets an exception to licensure (e.g., peer-to-peer consultations, irregular or rare companies), a doctor should receive both a full Alabama medical license or a license through the Interstate Medical Licensure Compact as a way to present “telehealth medical companies” to a affected person positioned in Alabama.

  • Telehealth medical companies means “[d]igital well being, telehealth, telemedicine, and the relevant applied sciences and units used within the supply of telehealth. The time period doesn’t embrace incidental communications between a affected person and a doctor.
  • The time period “irregular or rare” companies refers to “telehealth medical companies” occurring lower than 10 days in a calendar yr or involving fewer than 10 sufferers in a calendar yr.

Outlined Phrases and Allowable Modalities

  • Telehealth is outlined as “[t]he use of digital and telecommunications applied sciences, together with units used for digital well being, asynchronous and synchronous communications, or different strategies, to help a variety of medical care and public well being companies.”
  • Telemedicine is outlined as “[a] type of telehealth referring to the availability of medical companies by a doctor at a distant website to a affected person at an originating website through asynchronous or synchronous communications, or different units which will adequately facilitate and help the suitable supply of care.” The time period contains digital well being, however doesn’t embrace incidental communications between a affected person and a doctor.
  • Digital Well being is outlined as “[t]he supply of well being care companies, affected person schooling communications, or public well being data through software program purposes, client units, or different digital media.”
  • Asynchronous is outlined as “[t]he digital trade of well being care paperwork, photographs, and knowledge that doesn’t happen in actual time, together with, however not restricted to, the gathering and transmission of medical data, scientific information, or laboratory outcomes.”
  • Synchronous is outlined as “[t]he real-time trade of medical data or provision of care between a affected person and a doctor through audio/visible applied sciences, audio solely applied sciences, or different means.”

Doctor-Affected person Relationship

A physician-patient relationship could also be fashioned through telehealth with out a prior in-person examination.

Telemedicine Prescribing of Medicines and Managed Substances

A practitioner might prescribe a legend drug, medical provides, or a managed substance to a affected person through telehealth. Nevertheless, a prescription for a managed substance might solely be issued if:

  1. The telehealth go to contains synchronous audio or audio-visual communication utilizing HIPAA compliant gear;
  2. The practitioner has had at the very least one in-person encounter with the affected person inside the previous 12 months; and
  3. The practitioner has established a respectable medical function for issuing the prescription inside the previous 12 months.

In-Individual Go to for Unresolved Medical Situation

If a doctor or apply group supplies telehealth medical companies greater than 4 occasions in a 12-month interval to the identical affected person for a similar medical situation with out decision, the doctor should both see the affected person in-person inside 12 months or refer the affected person to a doctor who can present the in-person care inside 12 months. This in-person go to requirement doesn’t apply to the availability of psychological well being companies.

The Alabama Board of Medical Examiners and the Alabama Medical Licensure Fee are presently growing administrative guidelines in accordance with the brand new regulation.

Need to Be taught Extra?

For extra data on telemedicine, telehealth, and digital care improvements, together with the workforce, publications, and different supplies, go to Foley’s Telemedicine Apply.

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