CHAPTER 199
SB 178 - FINAL VERSION
06/06/2019 2408EBA
2019 SESSION
19-0931
01/10
SENATE BILL 178
AN ACT relative to telemedicine for spectacle and contact lenses.
SPONSORS: Sen. Rosenwald, Dist 13; Sen. Soucy, Dist 18; Sen. Bradley, Dist 3; Sen. Sherman, Dist 24; Rep. Marsh, Carr. 8; Rep. Knirk, Carr. 3; Rep. Woods, Merr. 23; Rep. McMahon, Rock. 7
COMMITTEE: Health and Human Services
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ANALYSIS
This bill clarifies the procedure for health care providers who prescribe spectacle lenses and contact lenses by telemedicine.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06/06/2019 2408EBA 19-0931
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to telemedicine for spectacle and contact lenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
199:1 New Paragraph; Optometry; Definition Added. Amend RSA 327:1 by inserting after paragraph VI the following new paragraph:
VI-a. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. "Telemedicine" shall not include the use of audio-only telephone or facsimile.
199:2 New Section; Prescriptions for Spectacle Lenses and Contact Lenses. Amend RSA 327 by inserting after section 25-a the following new section:
327:25-b Prescriptions for Spectacle Lenses and Contact Lenses. For the purpose of a provider issuing a prescription for spectacle lenses, as defined in RSA 327-A:1, III, or a prescription for contact lenses, as defined in RSA 327-A:1, IV, to a patient, a provider shall establish a bona fide provider-patient relationship by an examination in person, through face-to-face interactive, 2-way, real-time communication, or telemedicine when all of the following conditions are met:
I. The provider obtains an updated medical history at the time of prescribing;
II. The provider makes a diagnosis at the time of prescribing;
III. The provider conforms to the standard of care expected of in-person care as appropriate to the patient's age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patient's condition;
IV. The ophthalmic prescription is not determined solely by use of an online questionnaire;
V. The provider is actively licensed in New Hampshire and authorized to prescribe; and
VI. Upon request, the prescriber provides patient records in a timely manner in accordance with the provisions of RSA 332-I and all other state and federal laws and regulations.
199:3 Physicians and Surgeons; Telemedicine. Amend RSA 329:1-d, VI to read as follows:
VI. A physician issuing a prescription for spectacle lenses, as defined in RSA 327-A:1, III, or a prescription for contact lenses, as defined in RSA 327-A:1, IV, by means of telemedicine directly to a patient shall:
(a) Obtain an updated medical history at the time of prescribing;
(b) Make a diagnosis at the time of prescribing;
(c) Conform to the standard of care expected of in-person care as appropriate to the patient's age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patient's condition;
(d) Not determine an ophthalmic prescription solely by use of an online questionnaire; and
(e) Upon request, provide patient records in a timely manner in accordance with the provisions of RSA 332-I and all other state and federal laws and regulations.
VII. Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.
199:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 10, 2019
Effective Date: September 08, 2019
| Date | Body | Type |
|---|---|---|
| Jan. 29, 2019 | Senate | Hearing |
| Feb. 7, 2019 | Senate | Floor Vote |
| Feb. 14, 2019 | Senate | Floor Vote |
| Feb. 14, 2019 | Senate | Floor Vote |
| March 27, 2019 | House | Hearing |
| May 7, 2019 | House | Exec Session |
| House | Floor Vote | |
| May 23, 2019 | House | Floor Vote |
July 10, 2019: Signed by the Governor on 07/10/2019; Chapter 199; Effective 09/08/2019
June 13, 2019: Enrolled (In recess 06/13/2019); SJ 21
June 13, 2019: Enrolled 06/13/2019 HJ 19 P. 18
June 6, 2019: Enrolled Bill Amendment # 2019-2408e Adopted, VV, (In recess of 06/06/2019); SJ 20
June 5, 2019: Enrolled Bill Amendment # 2019-2408e: AA VV 06/05/2019 HJ 17 P. 82
May 23, 2019: Ought to Pass: MA VV 05/23/2019 HJ 16 P. 15
May 23, 2019: Committee Report: Ought to Pass for 05/23/2019 (Vote 21-0; CC) HC 25 P. 5
: Committee Report: Ought to Pass (Vote 21-0; CC)
May 7, 2019: Executive Session: 05/07/2019 10:00 am LOB 205
April 25, 2019: Division II Subcommittee Work Session: 04/25/2019 10:00 am LOB 205
March 27, 2019: Public Hearing: 03/27/2019 11:00 am LOB 205
March 14, 2019: Introduced 03/14/2019 and referred to Health, Human Services and Elderly Affairs HJ 9 P. 53
Feb. 14, 2019: Ought to Pass: MA, VV; OT3rdg; 02/14/2019; SJ 5
Feb. 14, 2019: Special Order to the Present Time, Without Objection, MA; 02/14/2019; SJ 5
Feb. 14, 2019: Committee Report: Ought to Pass, 02/14/2019; SC 10
Feb. 7, 2019: Committee Report: Ought to Pass, 02/07/2019; SC 9
Jan. 29, 2019: Hearing: 01/29/2019, Room 101, LOB, 02:50 pm; SJ 4
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Health and Human Services; SJ 4