§ 34-24-705 — Compliance with Federal and State Laws; Recordkeeping

(a) A physician who provides a telehealth medical service shall comply with all federal and state laws, rules, and regulations applicable to the provision of telehealth medical services, including the Health Insurance Portability and Accountability Act (HIPAA), and shall use devices and technologies in compliance with these laws, rules, and regulations. A physician who provides telehealth medical services shall also take reasonable precautions to protect the privacy and security of all verbal, visual, written, and other communications involved in the delivery of telehealth medical services.
(b) A physician who provides a telehealth medical service shall maintain complete and accurate medical records in accordance with rules of the Board of Medical Examiners and the Medical Licensure Commission, must have access to the patient’s medical records, and must be able to produce the records upon demand by the patient, the board, or the commission.
(c) Rules adopted by the Board of Medical Examiners and the Medical Licensure Commission shall set standards for the creation, retention, and distribution of medical records pursuant to the delivery of telehealth medical services.

Legislative History

(Act 2022-302, §1.)