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HF 1411

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 05:52pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; expanding telehealth; changing telemedicine to telehealth in
certain statutes; amending Minnesota Statutes 2020, sections 62A.671, subdivision
9; 147.032, subdivisions 1, 2; 147.033, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 62A.671, subdivision 9, is amended to read:


Subd. 9.

deleted text beginTelemedicinedeleted text endnew text begin Telehealthnew text end.

deleted text begin "Telemedicine" deleted text end deleted text begin means the delivery of health care
services or consultations while the patient is at an originating site and the licensed health
care provider is at a distant site. A communication between licensed health care providers
that consists solely of a telephone conversation, e-mail, or facsimile transmission does not
constitute telemedicine consultations or services. A communication between a licensed
health care provider and a patient that consists solely of an e-mail or facsimile transmission
does not constitute telemedicine consultations or services. Telemedicine may be provided
by means of real-time two-way, interactive audio and visual communications, including the
application of secure video conferencing or store-and-forward technology to provide or
support health care delivery, which facilitate the assessment, diagnosis, consultation,
treatment, education, and care management of a patient's health care.
deleted text end new text begin "Telehealth" has the
meaning given in section 147.033, subdivision 1.
new text end

Sec. 2.

Minnesota Statutes 2020, section 147.032, subdivision 1, is amended to read:


Subdivision 1.

Requirements; registration.

new text begin (a) For purposes of this section, "telehealth"
has the meaning given in section 147.033, subdivision 1.
new text end

deleted text begin (a)deleted text endnew text begin (b)new text end A physician not licensed to practice medicine in this state may provide medical
services to a patient located in this state through interstate deleted text begintelemedicinedeleted text endnew text begin telehealthnew text end if the
following conditions are met:

(1) the physician is licensed without restriction to practice medicine in the state from
which the physician provides deleted text begintelemedicinedeleted text endnew text begin telehealthnew text end services;

(2) the physician has not had a license to practice medicine revoked or restricted in any
state or jurisdiction;

(3) the physician does not open an office in this state, does not meet with patients in this
state, and does not receive calls in this state from patients; and

(4) the physician annually registers with the board, on a form provided by the board.

deleted text begin (b)deleted text endnew text begin (c)new text end To register with the board, a physician must:

(1) state the physician's intention to provide interstate deleted text begintelemedicinedeleted text endnew text begin telehealthnew text end services
in this state;

(2) provide complete information on:

(i) all states and jurisdictions in which the physician is currently licensed;

(ii) any states or jurisdictions in which the physician was previously licensed;

(iii) any negative licensing actions taken previously against the physician in any state
or jurisdiction; and

(iv) other information requested by the board; and

(3) pay a registration fee of $75 annually and an initial application fee of $100.

deleted text begin (c)deleted text endnew text begin (d)new text end A physician registered to provide interstate deleted text begintelemedicinedeleted text endnew text begin telehealthnew text end services under
this section must immediately notify the board of restrictions placed on the physician's
license to practice in any state or jurisdiction.

deleted text begin (d)deleted text endnew text begin (e)new text end In registering to provide interstate deleted text begintelemedicinedeleted text endnew text begin telehealthnew text end services to state residents
under this section, a physician agrees to be subject to state laws, the state judicial system,
and the board with respect to providing medical services to state residents.

deleted text begin (e) For the purposes of this section, telemedicine means the practice of medicine as
defined in section 147.081, subdivision 3, when the physician is not in the physical presence
of the patient.
deleted text end

new text begin (f) A physician providing medical services through interstate telehealth under this section
is engaged in the practice of medicine as defined in section 147.081, subdivision 3.
new text end

Sec. 3.

Minnesota Statutes 2020, section 147.032, subdivision 2, is amended to read:


Subd. 2.

Exemptions from registration.

A physician who is not licensed to practice
medicine in this state, but who holds a valid license to practice medicine in another state or
jurisdiction, and who provides interstate deleted text begintelemedicinedeleted text endnew text begin telehealthnew text end services to a patient located
in this state is not subject to the registration requirement of subdivision 1, paragraph deleted text begin(a)deleted text endnew text begin (b)new text end,
clause (4), if:

(1) the services are provided in response to an emergency medical condition. For the
purposes of this section, an emergency medical condition means a condition, including
emergency labor and delivery, that manifests itself by acute symptoms of sufficient severity,
including severe pain, that the absence of immediate medical attention could reasonably be
expected to result in placing the patient's health in serious jeopardy, serious impairment to
bodily functions, or serious dysfunction of any body organ or part;

(2) the services are provided on an irregular or infrequent basis. For the purposes of this
section, a person provides services on an irregular or infrequent basis if the person provides
the services less than once a month or provides the services to fewer than ten patients
annually; or

(3) the physician provides interstate deleted text begintelemedicinedeleted text endnew text begin telehealthnew text end services in this state in
consultation with a physician licensed in this state and the Minnesota physician retains
ultimate authority over the diagnosis and care of the patient.

Sec. 4.

Minnesota Statutes 2020, section 147.033, subdivision 1, is amended to read:


Subdivision 1.

Definition.

For the purposes of this section, deleted text begin"telemedicine"deleted text endnew text begin "telehealth"new text end
means the delivery of health care services or consultations deleted text beginwhile the patient is at an
originating site and the licensed health care provider is at a distant site. A communication
between licensed health care providers that consists solely of a telephone conversation,
e-mail, or facsimile transmission does not constitute telemedicine consultations or services.
A communication between a licensed health care provider and a patient that consists solely
of an e-mail or facsimile transmission does not constitute telemedicine consultations or
services. Telemedicine may be provided by means of real-time two-way interactive audio,
and visual communications, including the application of secure video conferencing or
store-and-forward technology to provide or support health care delivery, that facilitate the
assessment, diagnosis, consultation, treatment, education, and care management of a patient's
health care.
deleted text endnew text begin that occur between a provider at a distant site and a patient at an originating
site using electronic communications, information technology, store and forward technology,
or asynchronous or synchronous interaction. Telehealth does not include e-mails that are
noncompliant with the Health Insurance Portability and Accountability Act (HIPAA) or
facsimile transmissions that are noncompliant with HIPAA.
new text end

Sec. 5. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change the term "telemedicine" to "telehealth" wherever
the term appears in Minnesota Statutes, chapters 62A and 147. The revisor of statutes may
make any necessary changes to grammar or sentence structure to preserve the meaning of
the text.
new text end