Revision: Feb. 23, 2022, 4:03 p.m.
Health and Human Services
February 23, 2022
2022-0823s
05/04
Amendment to SB 390
Amend the bill by replacing all after section 1 with the following:
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 determine the diagnosis, consultation, or treatment for an individual patient.
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 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.
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 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.
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.
6 Effective Date. This act shall take effect upon its passage.