24 Del. Admin. Code § 1100-13.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1100-13.0 - Telehealth

13.1 Telehealth is the use of electronic communications to provide and deliver a host of health-related information and health-care services, including dentistry and dental hygiene-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of interventions.

13.2 In order to deliver Telehealth services one must hold a current, valid license issued by the Board.

13.3 Licensees understand that this rule does not provide licensees with authority to deliver Telehealth Services to anyone located in a jurisdiction other than Delaware, and licensees bear responsibility for complying with laws, rules, and/or policies for the delivery of Telehealth Services set forth by other jurisdictional regulatory boards.

13.4 Licensees delivering Telehealth services shall comply with all of the rules of professional conduct and state and federal statutes relevant to Dentistry and Dental Hygiene.

13.5 Informed consent

13.5.1 Before services are provided through telehealth, the licensee shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient. At minimum, the informed consent shall inform the patient and document acknowledgement of the risk and limitations of:

13.5.1.1 The use of electronic communications in the provision of care;

13.5.1.2 The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and

13.5.1.3 The potential disruption of electronic communication in the use of telehealth.

13.6 Confidentiality: The licensee shall ensure that the electronic communication is secure to maintain confidentiality of the patient's medical information as required by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable Federal and State laws. Confidentiality shall be maintained through appropriate processes, practices and technology, including disposal of electronic equipment and data.

13.7 Competence and scope of practice

13.7.1 The licensee shall be responsible for determining and documenting that telehealth is an appropriate level of care for the patient.

13.7.2 The licensee shall comply with the Board's law and rules and regulations and all current standards of care requirements applicable to onsite care.

13.7.3 The licensee shall limit the practice of telehealth to the area of competence in which proficiency has been gained through education, training and experience.

13.7.4 The licensee shall document in the file or record which services were provided by telehealth.

24 Del. Admin. Code § 1100-13.0

1 DE Reg. 852 (01/01/98)
5 DE Reg. 1251 (12/01/01)
9 DE Reg. 77 (07/01/05)
9 DE Reg. 1583 (04/01/06)
14 DE Reg. 1239 (05/01/11)
15 DE Reg. 1183 (02/01/12)
15 DE Reg. 1359 (03/01/12)
15 DE Reg. 1621 (05/01/12)
16 DE Reg. 328 (09/01/12)
16 DE Reg. 881 (02/01/13)
17 DE Reg. 862 (2/1/2014)
18 DE Reg. 399 (11/1/2014)
19 DE Reg. 431 (11/1/2015)
20 DE Reg. 651 (2/1/2017)
21 DE Reg. 337 (10/1/2017)
21 DE Reg. 642 (2/1/2018)
24 DE Reg. 181 (8/1/2020)