Telemedicine

(1) A provider-patient relationship with respect to telemedicine or telehealth is created by mutual consent and mutual communication, except in an emergency, between the patient and the provider. The consent by the patient may be expressed or implied consent; however, the provider-patient relationship is not created simply by the receipt of patient health information by a provider unless a prior provider-patient relationship exists. The duties and obligations created by the relationship do not arise until the physical therapist or physical therapist assistant: (a) Affirmatively undertakes to diagnose or treat the patient; or (b) Affirmatively participates in the diagnosis or treatment. (2) The scope of practice of a physical therapist or physical therapist assistant is prescribed and limited by Tennessee Code Annotated, Title 63, Chapter 13 and the rules set forth in this chapter and Chapter 1150-01-.02. (3) A physical therapist or physical therapist assistant who delivers services through the use of telemedicine is held to the same standard of professional practice as through in-person encounters, and nothing in this section is intended to create any new standards of care. (4) Patient Identity and Communication. The physical therapist or physical therapist assistant using telemedicine to deliver physical therapy services or who practices telemedicine, upon an initial contact with the patient shall: (a) Verify the identity of the patient prior to each session; (b) Obtain alternative means of contacting the patient; (c) Arrange for the patient to have alternative means of contacting the physical therapist or physical therapy assistant; (d) Provide contact methods of alternative communication the physical therapist or physical therapy assistant shall use for emergency purposes; (e) Use personal identifying information only in secure communications; and GENERAL RULES GOVERNING THE PRACTICE OF PHYSICAL THERAPY CHAPTER 1150-01 (f) Obtain written, informed consent from the patient or other appropriate person with authority to make health care treatment decisions for the patient before services are provided through telemedicine. (5) Compliance with Laws and Regulations. A physical therapist or physical therapist assistant practicing telemedicine must: (a) Have an active Tennessee license or current compact privileges in Tennessee in good standing to practice telemedicine in the state of Tennessee. (b) Otherwise be authorized by law to practice in another jurisdiction where the patient is physically present or domiciled. (c) Abide by the Board’s law and rules and regulations and all current standards of care. (d) Comply with all other applicable State and Federal Laws, rules and regulations.