Amend the bill, as and if amended, Section 40-33-34(G), as contained in SECTION 2, pages 15-16, by deleting the subsection in its entirety and inserting:
/ (G)(1) For purposes of this subsection:
(a) 'Telemedicine' has the same meaning as provided in Section 40-33-20(60).
(b) 'Unprofessional conduct' has the same meaning as provide in Section 40-33-20(62).
(2) An APRN may perform delegated medical acts via telemedicine that are agreed to jointly by both the Board of Nursing and the Board of Medical Examiners and performed pursuant to an approved written protocol between the nurse and the physician.
(3) An APRN may not prescribe medication by means of telemedicine unless the APRN maintains a physical presence in this State.
(4) An APRN who establishes a nurse-patient relationship solely by means of telemedicine shall adhere to the same standard of care as a licensee employing more traditional in-person medical care. Failure to conform to the appropriate standard of care is considered unprofessional conduct and may be subject to enforcement by the board.
(5) An APRN may not establish a nurse-patient relationship by means of telemedicine for the purpose of prescribing medication when an in-person physical examination is necessary for diagnosis.
(6) An APRN who establishes a nurse-patient relationship solely by means of telemedicine only may prescribe within a practice setting fully in compliance with this chapter and during an encounter in which threshold information necessary to make an accurate diagnosis is obtained in a medical history interview conducted by the prescribing licensee; provided, however, that Schedule III prescriptions are not permitted except for those Schedule III medications specifically jointly authorized by both the Board of Nursing and the Board of Medical Examiners, which may include, but is not limited to, Schedule III nonnarcotic medications.
(7) An APRN who establishes a nurse-patient relationship solely by means of telemedicine shall generate and maintain medical records for each patient using those telemedicine services in compliance with any applicable state and federal laws, rules, and regulations, including the provisions of this chapter, the Health Insurance Portability and Accountability Act (HIPAA), and the Health Information Technology for Economic and Clinical Health Act (HITECH). These records must be accessible to other practitioners and to the patient in a timely fashion when lawfully requested by the patient or his lawfully designated representative.
(8) The provisions of this subsection may not be construed to allow an APRN to perform services beyond the scope of what is authorized by Title 40, Chapter 33 and Title 40, Chapter 47. /
Renumber sections to conform.
Amend title to conform.