RSA 329:1-d · Telemedicine

329:1-d Telemedicine. –
I. "Telemedicine" means the use of audio, video, or other electronic media and technologies by a physician in one location to a patient in a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions as defined in RSA 310.
II. An out-of-state physician providing services by means of telemedicine shall be deemed to be in the practice of medicine and shall be required to be licensed under this chapter. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II.
III. A physician licensed under this chapter may prescribe non-opioid and opioid controlled drugs classified in schedule II through IV by means of telemedicine. When prescribing a non-opioid or opioid controlled drug classified in schedule II through IV by means of telemedicine a subsequent evaluation shall be conducted by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually. All prescribing shall be in compliance with all federal and state laws and regulations.
IV. [Repealed.]
V. A physician providing services by means of telemedicine directly to a patient shall:
(a) Use the same standard of care as used in an in-person encounter;
(b) Maintain a medical record; and
(c) Subject to the patient's consent, forward the medical record to the patient's primary care or treating provider, if appropriate.
VI. A physician issuing a prescription for spectacle lenses, as defined in RSA 327-A:1, III, or a prescription for contact lenses, as defined in RSA 327-A:1, IV, by means of telemedicine directly to a patient shall:
(a) Obtain an updated medical history at the time of prescribing;
(b) Make a diagnosis at the time of prescribing;
(c) Conform to the standard of care expected of in-person care as appropriate to the patient's age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patient's condition;
(d) Not determine an ophthalmic prescription solely by use of an online questionnaire; and
(e) Upon request, provide patient records in a timely manner in accordance with the provisions of RSA 332-I and all other state and federal laws and regulations.
VII. Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.
Source. 2015, 246:6. 2016, 221:3, eff. Aug. 8, 2016. 2019, 199:3, eff. Sept. 8, 2019. 2020, 27:11, 14, eff. July 21, 2020. 2022, 251:5, eff. June 24, 2022; 341:5, eff. Aug. 3, 2022. 2023, 25:1, 4, eff. May 12, 2023; 112:16, eff. July 1, 2023; 235:23, eff. July 15, 2023. 2025, 105:1, eff. June 17, 2025; 134:1, eff. Aug. 23, 2025.