Telemedicine Guidelines in California
Posted: March 27, 2024
Innovations in technology have changed the health care landscape, and telehealth services are an increasingly popular option for patient convenience and comfort. In California, nearly 47% of adults reported using telehealth services to seek care in 2022.
California law has recognized telehealth as a legitimate form of health care delivery since 1996. Let’s explore the state laws and standards surrounding telemedicine.
Does California Allow Telemedicine?
In short, yes — California allows telemedicine. State law recognizes telehealth as a mode for delivering health care services via technology to facilitate the consultation, diagnosis, treatment and management of a patient’s health and wellness.
The two most common modes of telehealth services within California are:
- Videoconferencing: These visits involve using a computer or mobile phone with a two-way camera to meet with a health care provider.
- Telephone: These are audio-only medical appointments.
What Are the Laws for Telehealth in California?
California physicians and health care providers are permitted to use telehealth technologies to provide care to patients located in the state. In most instances, they must be licensed by the Medical Board of California.
Beyond that requirement, California’s laws surrounding telehealth cover the following aspects of the service.
Standard of Care
State practitioners are held to the same standard of care whether seeing a patient in person or via telehealth platforms. While a physician cannot guarantee recovery, they are required by law to use sound judgment and competent care when treating a patient. In addition, providers must determine whether a telehealth visit is appropriate versus seeing a patient in person.
New Patient-Provider Relationships
Providers are allowed to establish relationships with new patients using video telehealth platforms. However, new patient-provider relationships may not be established using audio-only interactions except in specific instances, such as delivering mental health care and other sensitive services.
Informed Patient Consent
California law requires that health care providers obtain written or verbal consent before initiating telehealth services. Patients can sign either a paper or an electronic form. Verbal consent can be noted by a health care provider in the patient’s medical record.
Online Prescribing
California does not have any laws restricting the prescription of non-controlled substances via telehealth. However, patients must have an in-person examination before being prescribed dangerous drugs or devices.
Medical Record Regulations
As with in-person medical visits, California practitioners must create and maintain records of all telehealth appointments in accordance with medically accepted standards.
Payment Parity Laws
Under California’s payment parity laws, patients pay the same rate for health care services whether they’re delivered in person or via telehealth technology. However, if the telemedicine service is not equal to the in-person treatment, the amount paid will not be equal.
Cross-State Medicine Licensing Regulations
Physicians utilizing telehealth services to care for California patients must be licensed in the state. There are rare exceptions, such as:
- Specialist consultations when invited by practitioners within the state.
- Care for patients with life-threatening conditions.
- Therapy, counseling or clinical social work services with a licensed practitioner for a short period.
What Types of Providers Are Allowed to Offer Telehealth Services in California?
Nearly all health care professionals in Califonia are permitted to offer telemedicine services, including:
- Physicians.
- Physician assistants.
- Nurse practitioners.
- Mental health professionals.
- Behavioral health professionals.
- Family therapists.
- Social workers.
- Physical therapists.
- Optometrists.
Learn More About Telemedicine in California From Health for CA
Health for California is a licensed health insurance exchange where you can find the right health care plan for your needs. Our experienced agents can answer any questions you have about telehealth services. Contact us today to learn more or request your free, fast and easy online quote.