Technology has allowed us to create a personalized global village. Mobile and internet based applications have made it possible to network and generally conduct business from any location regardless of the time. Thanks to mobile and videoconferencing technologies, healthcare providers can now expand their businesses and broaden their range of services as they offer flexible consumer treatment options.

What is Telemedicine?

In California, telemedicine is the delivery of health care services using modern communication and information technologies to treat, educate and diagnose a patient while the patent is at a remote site and the doctor is a at a far distant site.

Penalties for Malpractice of Telemedicine

If a state discovers a health expert rendered or is rendering services in their jurisdiction without proper authorization, penalties may be imposed to them that may range from fines, conviction or even incarceration.

Professional Ethical Standards Regarding Electronic Therapy

According to the CAMFT code of ethics, section 1.4.2 pertaining electronic therapy, it recommends the following:

1. Telephone or video conferencing should be in suitable and appropriate shape to perform their services.
2. Patients should be well informed of the potential risks, consequences and benefits that come with telemedicine.
3. In deciding whether to use telemedicine, a number of factors are encouraged to be assessed to determine whether it’s the right option. For example, mental health doctors should evaluate the patient’s capability to handle technology; whether the patient can be able to communicate effectively using the microphone or the online modality. Ultimately, providing therapy over the phone or via video is something that should be monitored closely throughout the treatment.

Important Disclosures

Patients need to be informed on the risks and benefits that come with telemedicine at the onset of the doctor – patient relationship.  Discussing limits on confidentiality is especially important. There are a number of things that could interfere with the confidentiality of a therapeutic conversation. For example, someone may be in the same room with the patient and are listening in to the conversation. Thus, it’s important for the patient to be in an environment they feel comfortable, free and private.

Informed Consent

It’s paramount for the doctor to document the patient’s verbal consent in the record. In 2014, the law was amended to allow the documentation of the patients consent during the first appointment contrary to the former requirement of getting consent prior to each telemedicine session.

Conclusion

Technology offers both the patient and the doctor flexibility and portability. As telemedicine grows in popularity, it’s necessary for doctors to look to the laws and ethical standards for guidance to proper practice. Telemedicine attorneys can assist practitioners in understanding new legislations passed in order to assist them comply with the laid down laws and regulations.