HB1209: relative to consultations under the telemedicine law.

HB 1209 - AS INTRODUCED

2016 SESSION

16-2086

01/08

HOUSE BILL 1209

AN ACT relative to consultations under the telemedicine law.

SPONSORS: Rep. MacKay, Merr. 14; Rep. Fothergill, Coos 1; Rep. Snow, Hills. 42; Rep. Ford, Graf. 3; Rep. LeBrun, Hills. 32; Rep. Sherman, Rock. 24; Sen. Reagan, Dist 17; Sen. Fuller Clark, Dist 21

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill clarifies consultations for the use of telemedicine in practitioner-patient medical circumstances.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2086

01/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to consultations under the telemedicine law.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Pharmacists and Pharmacies; Definitions. Amend RSA 318:1, XV-a to read as follows:

XV-a. "Practitioner-patient relationship'' means a medical connection between a licensed practitioner and a patient that includes an in-person or [face-to-face] 2-way real-time interactive communication exam, a history, a diagnosis, a treatment plan appropriate for the practitioner's scope of practice, and documentation of all prescription drugs including name and dosage. A practitioner may prescribe for a patient whom the practitioner does not have a practitioner-patient relationship under the following circumstances: for a patient of another practitioner for whom the prescriber is taking call; for a patient examined by another New Hampshire licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient's first appointment. The definition of a practitioner-patient relationship shall not apply to a practitioner licensed in another state who is consulting to a New Hampshire licensed practitioner with whom the patient has a relationship.

2 Physicians and Surgeons; Physician-Patient Relationship. Amend RSA 329:1-c to read as follows:

329:1-c Physician-Patient Relationship. "Physician-patient relationship'' means a medical connection between a licensed physician and a patient that includes an in-person or [face-to-face] 2-way real-time interactive communication exam, a history, a diagnosis, a treatment plan appropriate for the licensee's medical specialty, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have a physician-patient relationship under the following circumstances: writing admission orders for a newly hospitalized patient; for a patient of another licensee for whom the prescriber is taking call; for a patient examined by a physician assistant, nurse practitioner, or other licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient's first appointment or when providing limited treatment to a family member in accordance with the American Medical Association Code of Medical Ethics. Prescribing drugs to individuals without a physician-patient relationship shall be unprofessional conduct subject to discipline under RSA 329:17, VI. The definition of a physician-patient relationship shall not apply to a physician licensed in another state who is consulting to a New Hampshire licensed physician with whom the patient has a relationship.

3 Nurse Practice Act; Definitions. Amend RSA 326-B:2, I-a to read as follows:

I-a. "Advanced practice registered nurse-patient relationship'' means a medical connection between a licensed APRN and a patient that includes an in-person or [face-to-face] 2-way real-time interactive communication exam, a history, a diagnosis, a treatment plan appropriate for the licensee's medical specialty, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have an APRN-patient relationship under the following circumstances: writing admission orders for a newly hospitalized patient; for a patient of another licensee for whom the prescriber is taking call; for a patient examined by another licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient's first appointment.

4 Effective Date. This act shall take effect 60 days after its passage.