(2) Contact information for the licensee.
(3) Identity, licensure, certification, credentials, and qualifications of all health care providers who are providing the telemedicine services.
(4) Limitations in the drugs and services that can be provided via telemedicine.
(5) Fees for services, cost-sharing responsibilities, and how payment is to be made, if these differ from an in-person encounter.
(6) Financial interests, other than fees charged, in any information, products, or services provided by the licensee.
(7) Appropriate uses and limitations of the technologies, including in emergency situations.
(8) Uses of and response times for e-mails, electronic messages and other communications transmitted via telemedicine technologies.
(9) To whom patient health information may be disclosed and for what purpose.
(10) Rights of patients with respect to patient health information.
(11) Information collected and passive tracking mechanisms utilized.
Med 24.19 Patient access and feedback. A licensee who uses telemedicine shall ensure that the patient has easy access to a mechanism for the following purposes:
(1) To access, supplement and amend patient-provided personal health information.
(2) To provide feedback regarding the quality of the telemedicine services provided.
(3) To register complaints. The mechanism shall include information regarding the filing of complaints with the board.
Med 24.20 Financial interests. Advertising or promotion of goods or products from which the licensee receives direct remuneration, benefit or incentives other than the fees for the medical services is prohibited to the extent that such activities are prohibited by state or federal law. Notwithstanding such prohibition, Internet services may provide links to general health information sites to enhance education; however, the licensee should not benefit financially from providing such links or from the services or products marketed by such links. When providing links to other sites, licensees should be aware of the implied endorsement of the information, services or products offered from such sites. The maintenance of a preferred relationship with any pharmacy is prohibited. Licensees shall not transmit prescriptions to a specific pharmacy, or recommend a pharmacy, in exchange for any type of consideration or benefit from the pharmacy.
Med 24.21 Circumstances where the standard of care may not require a licensee to personally interview or examine a patient. Under the following circumstances, whether or not such circumstances involve the use of telemedicine, a licensee may treat a patient who has not been personally interviewed, examined and diagnosed by the licensee:
(1) Situations in which the licensee prescribes medications on a short-term basis for a new patient and has scheduled or is in the process of scheduling an appointment to personally examine the patient.
(2) For institutional settings, including writing initial admission orders for a newly hospitalized patient.
(3) Call situations in which a licensee is taking call for another licensee who has an established physician-patient relationship with the patient.
(4) Cross-coverage situations in which a licensee is taking call for another licensee who has an established physician-patient relationship with the patient.
(5) Situations in which the patient has been examined in person by an advanced registered nurse practitioner or a physician assistant or other licensed practitioner with whom the licensee has a supervisory or collaborative relationship.
(6) Emergency situations in which the life or health of the patient is in imminent danger.
(7) Emergency situations that constitute an immediate threat to the public health including, but not limited to, empiric treatment or prophylaxis to prevent or control an infectious disease outbreak.
(8) Situations in which the licensee has diagnosed a sexually transmitted disease in a patient and the licensee prescribes or dispenses antibiotics to the patient’s named sexual partners for the treatment of the sexually transmitted disease as recommended by the U.S. Centers for Disease Control and Prevention.
(9) For licensed or certified nursing facilities, residential care facilities, intermediate care facilities, assisted living facilities and hospice settings.
Med 24.22 Prescribing based solely on an Internet request, Internet questionnaire or a telephonic evaluation—prohibited. Prescribing to a patient based solely on an Internet request or Internet questionnaire such as a static questionnaire provided to a patient, to which the patient responds with a static set of answers, in contrast to an adaptive, interactive and responsive online interview, is prohibited. Absent a valid physician-patient relationship, a licensee’s prescribing to a patient based solely on a telephonic evaluation is prohibited.
Med 24.23 Medical abortion. Nothing in this rule shall be interpreted to contradict or supersede the requirements under ch. Med 11. Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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