On February 26, the D.C. Department of Health issued a proposed rule on telemedicine, the first
official rules to be published by the Agency and the only guidance
issued since its 2014 Telemedicine Policy. The proposed rule
defines "telemedicine" as the practice of medicine
"through the use of health information and technology
communications, subject to existing standards of care and
conduct," and provides that in general, telemedicine does not
include audio-only, email, instant messaging, or facsimile
communications. Among other things, the proposed rule would (i)
require that telemedicine providers be licensed to practice
medicine in D.C. and, for services rendered outside of D.C., comply
with any other licensure requirements of the jurisdictions where
the provider and patient are physically located; (ii) require that
a physician perform a patient evaluation to establish diagnoses and
identify underlying conditions before treatment or prescribing
medication; and (iii) require that a physician use real-time
auditory or real-time visual and auditory communications for the
telemedicine encounter if the physician–patient relationship
does not include a prior in-person interaction.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
