CHAPTER 341
SB 390 - FINAL VERSION
03/17/2022 0823s
4May2022... 1589h
2022 SESSION
22-3005
05/08
SENATE BILL 390
AN ACT relative to telemedicine and telehealth.
SPONSORS: Sen. Avard, Dist 12; Sen. Reagan, Dist 17; Sen. Hennessey, Dist 1; Sen. Carson, Dist 14; Rep. P. Schmidt, Straf. 19; Rep. Rice, Hills. 37; Rep. Knirk, Carr. 3; Rep. M. Pearson, Rock. 34; Rep. S. Pearson, Rock. 6
COMMITTEE: Health and Human Services
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ANALYSIS
This bill revises the definition of telemedicine and telehealth in the context of the practitioner-patient relationship.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/17/2022 0823s
4May2022... 1589h 22-3005
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to telemedicine and telehealth.
Be it Enacted by the Senate and House of Representatives in General Court convened:
341:1 Telemedicine and Telehealth Services. Amend RSA 310-A:1-g, I and II to read as follows:
I. “Asynchronous interaction” means an exchange of information between a patient and a health care professional that does not occur in real time.
I-a. “Synchronous interaction” means an exchange of information between a patient and a health care professional that occurs in real time.
I-b. "Telemedicine" means the use of audio, video, or other electronic media and technologies by a health care professional in one location to a patient at a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions.
II. "Telehealth" means the use of audio, video, or other electronic media and technologies by a health care professional in one location to a patient at a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions.
341:2 New Paragraph; Telemedicine. Amend RSA 310-A:1-g by inserting after paragraph VI the following new paragraph:
VII. Nothing in this section shall limit a provider’s ability to diagnose, assess, or treat an individual patient.
341:3 Pharmacists and Pharmacies; Definition of Practitioner-Patient Relationship. Amend RSA 318:1, XV-a to read as follows:
XV-a. "Practitioner-patient relationship" means a medical connection between a licensed practitioner and a patient that includes an in-person [or face-to-face 2-way real-time interactive communication] exam or an exam using telemedicine, as defined in RSA 310-A:1-g, I-b, provided the health care practitioner: (i) verifies the identity of the patient receiving health care services through telemedicine; (ii) discloses to the patient the health care practitioner’s name, contact information, and the type of health occupation license held by the health care practitioner; (iii) obtains oral or written consent from the patient or from the patient’s parent or guardian, if state law requires the consent of a parent or guardian for use of telemedicine services; and (iv) meets the standard of care. A health care practitioner shall complete or review a history, a diagnosis, a treatment plan appropriate for the practitioner's scope of practice, and documentation of all prescription drugs including name and dosage. A practitioner may prescribe for a patient whom the practitioner does not have a practitioner-patient relationship under the following circumstances: for a patient of another practitioner for whom the prescriber is taking call; for a patient examined by another New Hampshire licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient's first appointment. The definition of a practitioner-patient relationship shall not apply to a practitioner licensed in another state who is consulting to a New Hampshire licensed practitioner with whom the patient has a relationship.
341:4 Physicians and Surgeons; Physician-Patient Relationship. Amend RSA 329:1-c to read as follows:
329:1-c Physician-Patient Relationship. "Physician-patient relationship" means a medical connection between a licensed physician and a patient that includes an in-person [or face-to-face 2-way real-time interactive communication] exam or an exam using telemedicine, as defined in RSA 310-A:1-g, I-b, provided the physician: (i) verifies the identity of the patient receiving health care services through telemedicine; (ii) discloses to the patient the physician’s name, contact information, and the type of health occupation license held by the physician; (iii) obtains oral or written consent from the patient or from the patient’s parent or guardian, if state law requires the consent of a parent or guardian for use of telemedicine services; and (iv) meets the standard of care. A physician shall complete or review a history, a diagnosis, a treatment plan appropriate for the licensee's medical specialty, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have a physician-patient relationship under the following circumstances: writing admission orders for a newly hospitalized patient; for a patient of another licensee for whom the prescriber is taking call; for a patient examined by a physician assistant, nurse practitioner, or other licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient's first appointment or when providing limited treatment to a family member in accordance with the American Medical Association Code of Medical Ethics. Prescribing drugs to individuals without a physician-patient relationship shall be unprofessional conduct subject to discipline under RSA 329:17, VI. The definition of a physician-patient relationship shall not apply to a physician licensed in another state who is consulting to a New Hampshire licensed physician with whom the patient has a relationship.
341:5 Physicians and Surgeons; Telemedicine. Amend RSA 329:1-d, I to read as follows:
I. "Telemedicine" means the use of audio, video, or other electronic media and technologies by a physician in one location to a patient in a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions as defined in RSA 310-A:1-g.
341:6 Effective Date. This act shall take effect upon its passage.
Approved: August 03, 2022
Effective Date: August 03, 2022
| Date | Body | Type |
|---|---|---|
| Feb. 9, 2022 | Senate | Hearing |
| Senate | Floor Vote | |
| March 17, 2022 | Senate | Floor Vote |
| April 12, 2022 | House | Hearing |
| April 19, 2022 | House | Hearing |
| April 19, 2022 | House | Exec Session |
| House | Floor Vote |
Aug. 9, 2022: Signed by the Governor on 08/03/2022; Chapter 0341; Effective 08/03/2022
June 6, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
June 7, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
June 6, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
June 7, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
May 12, 2022: Sen. Bradley Moved to Concur with the House Amendment, MA, VV; 05/12/2022; SJ 12
May 4, 2022: Ought to Pass with Amendment 1589h: MA VV 05/04/2022 HJ 11
May 4, 2022: Amendment # 1589h: AA VV 05/04/2022 HJ 11
April 22, 2022: Committee Report: Ought to Pass with Amendment # 2022-1589h (Vote 20-0; CC)
April 22, 2022: Executive Session: 04/19/2022 02:00 pm LOB 201-203
April 13, 2022: Public Hearing: 04/19/2022 02:00 pm LOB 201-203
March 29, 2022: Public Hearing: 04/12/2022 10:15 am LOB 205-207
March 23, 2022: Introduced 03/17/2022 and referred to Health, Human Services and Elderly Affairs
March 17, 2022: Ought to Pass with Amendment 2022-0823s, MA, VV; OT3rdg; 03/17/2022; SJ 5
March 17, 2022: Committee Amendment # 2022-0823s, AA, VV; 03/17/2022; SJ 5
March 9, 2022: Committee Report: Ought to Pass with Amendment # 2022-0823s, 03/17/2022; Vote 5-0; CC; SC 11
Feb. 24, 2022: Committee Report: Ought to Pass with Amendment # 2022-0823s; Vote 5-0; CC
Feb. 1, 2022: Hearing: 02/09/2022, Room 100, SH, 09:45 am; SC 6
Dec. 23, 2021: To Be Introduced 01/05/2022 and Referred to Health and Human Services; SJ 1