Text: HF00731 Text: HF00733 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 144D.1 TITLE.
1 2 This chapter shall be known and may be cited as the "Iowa
1 3 Telehealth Act".
1 4 Sec. 2. NEW SECTION. 144D.2 DEFINITIONS.
1 5 As used in this chapter, unless the context otherwise
1 6 requires:
1 7 1. a. "Telehealth" means both of the following:
1 8 (1) The exchange of patient health information by means of
1 9 interactive audio, video, or data communications.
1 10 (2) The delivery of health care services by means of
1 11 interactive audio, video, or data communications, including
1 12 assessment, diagnosis, consultation, and treatment, both in
1 13 consultation and in the direct delivery of health care
1 14 services, when the health care practitioner providing the
1 15 consultation or delivering health care services is at one
1 16 location and the patient is at another location.
1 17 b. "Telehealth" does not include a consultation provided
1 18 by telephone or facsimile machine.
1 19 Sec. 3. NEW SECTION. 144D.3 PATIENT CONSENT TO
1 20 TELEHEALTH SERVICES – CONSENT REQUIREMENTS.
1 21 1. Prior to the delivery of health care services by
1 22 telehealth, the health care practitioner who is in physical
1 23 contact with the patient shall have the ultimate authority
1 24 over the care of the patient and shall obtain informed consent
1 25 from the patient. A consent in writing to any medical or
1 26 surgical procedure, or course of procedures in patient care
1 27 provided by means of telehealth, creates a presumption that
1 28 informed consent was given, if the written consent satisfies
1 29 the following:
1 30 a. The consent sets forth in general terms the nature and
1 31 purpose of the procedure to be performed by means of
1 32 telehealth.
1 33 b. The consent contains a description of the potential
1 34 material benefits, risks, and consequences of performing the
1 35 procedure by means of telehealth.
2 1 c. The consent includes a statement that confidentiality
2 2 protections apply.
2 3 d. The consent is signed by the patient for whom the
2 4 procedure is to be performed, or if the patient for any reason
2 5 lacks the capacity to give consent, the consent is signed by a
2 6 person who has legal authority to give consent on behalf of
2 7 the patient under these circumstances.
2 8 4. This section does not apply to consultations among or
2 9 between health care practitioners or to other telehealth
2 10 interactions in which the patient is not directly involved.
2 11 Sec. 4. NEW SECTION. 144D.4 HEALTH CARE PRACTITIONER
2 12 DISCIPLINARY ACTION.
2 13 A health care practitioner who fails to comply with the
2 14 requirements of section 144D.3 engages in unprofessional
2 15 conduct and may be subject to a complaint and investigation,
2 16 and appropriate disciplinary action, by the appropriate
2 17 disciplinary entity associated with such health care
2 18 practitioner's profession.
2 19 Sec. 5. STATEMENT OF POLICY. The general assembly
2 20 encourages health care providers, the domestic health
2 21 insurance industry, and other third-party payors of health
2 22 care coverage to consult and cooperate with each other to
2 23 facilitate the implementation of telehealth in a cost-
2 24 effective manner.
2 25 HF 732
2 26 mj/jg/25
Text: HF00731 Text: HF00733 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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