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Maine

Counselors

We are not aware of any specific rules and regulations of the practice of telemental health services for Counselors.

Social Workers

We are not aware of any specific rules and regulations of the practice of telemental health services for Social Workers.

Marriage and Family Therapists

We are not aware of any specific rules and regulations of the practice of telemental health services for MFTs.

Psychologists

Source

Maine - ME HB 631 (Enacted 6/22/2021/Becomes Effective October 18, 2021)

“Maine enacted bill ME HB 631 on 6/22/2021/Becomes Effective October 18, 2021)* to join the Psychology Interjurisdictional Compact (PSYPACT).”

Refer to the source provided for all requirements and limitations.

Psychiatrists

 

Source

Chapter 6: TELEMEDICINE STANDARDS OF PRACTICE “SECTION 3. PRACTICE GUIDELINES 

“1. A licensee who uses telemedicine shall utilize evidence-based telemedicine practice guidelines and standards of practice, to the degree they are available, to ensure patient safety, quality of care, and positive outcomes. The Board acknowledges that some nationally recognized medical specialty organizations have established comprehensive telemedicine practice guidelines that address the clinical and technological aspects of telemedicine for many medical specialties.” 

“2. MAINE MEDICAL LICENSE REQUIRED A licensee who uses telemedicine in the examination, diagnosis, consultation, or treatment of a patient located in Maine shall hold an active Maine medical license or shall hold an active registration in Maine to provide interstate consultative telemedicine services”

“3. STANDARDS OF CARE AND PROFESSIONAL ETHICS A licensee who uses telemedicine in providing health care shall be held to the same standards of care and professional ethics as a licensee using traditional in-person encounters with patients. Failure to conform to the appropriate standards of care or professional ethics while using telemedicine may be a violation of the laws and rules governing the practice of medicine and may subject the licensee to potential discipline by the Board.”

“4. SCOPE OF PRACTICE A licensee who uses telemedicine in providing health care shall ensure that the services provided are consistent with the licensee’s scope of practice, including the licensee’s education, training, experience, ability, licensure, and certification. 5. IDENTIFICATION OF PATIENT AND PHYSICIAN A licensee who uses synchronous telemedicine technology in providing health care shall verify the identity of the patient and ensure that the patient has the ability to verify the identity, licensure status, certification, and credentials of all health care providers who provide telemedicine services prior to the provision of care. 6. PHYSICIAN-PATIENT RELATIONSHIP A. A licensee who uses telemedicine in providing health care shall establish a valid physician-patient relationship with the person who receives telemedicine services. The physician-patient relationship begins when: (1) The person with a health-related matter seeks assistance from the licensee; (2) The licensee agrees to undertake examination, diagnosis, consultation, or treatment of the person; and (3) The person agrees to receive health care services from the licensee whether or not there has been an in-person encounter between the licensee and the person. B. A valid physician-patient relationship may be established between a licensee who uses telemedicine in providing health care and a patient who receives telemedicine services through any of the following circumstances: (1) Consultation with another licensee. Through consultation with another licensee (or other health care provider) who has an established relationship with the patient upon agreement to participate in, or supervise, the patient’s care; or (2) Telemedicine encounter. Through telemedicine, if the standard of care does not require an in-person encounter, and in accordance with evidence-based standards of practice and telemedicine practice guidelines that address the clinical and technological aspects of telemedicine.”

Refer to the source provided for all requirements and limitations.

Maine Professional Regulation/Health & Safety Online Prescribing

Source

ME Regulation Sec. 02-373-6 & 02-383-6.

PRESCRIBING BASED SOLELY ON AN INTERNET REQUEST, INTERNET QUESTIONNAIRE OR A TELEPHONIC INTERVIEW PROHIBITED

         “Prescribing to a patient based solely on an Internet request or Internet questionnaire (i.e. static questionnaire provided to a patient, to which the patient responds with a static set of answers, in contrast to an adaptive, interactive and responsive online interview) is prohibited. Absent a valid physician-patient relationship, a licensee’s prescribing to a patient based solely on a telephonic evaluation is prohibited, with the exception of the circumstances described in Section 19, subsection 3 of this rule.”

“Telemedicine technologies, where prescribing may be contemplated, must implement measures to uphold patient safety in the absence of traditional physical examination. Such measures should guarantee that the identity of the patient and provider is clearly established and that detailed documentation for the clinical evaluation and resulting prescription is required. Measures to assure informed, accurate and error prevention prescribing practices (e.g. integration with e-Prescription systems) are encouraged. All applicable law shall be complied with.”

“Prescribing medications, in-person or via telemedicine, is at the professional discretion of the physician. The physician prescribing via telemedicine must ensure that the clinical evaluation, indication, appropriateness, and safety consideration for the resulting prescription are appropriately documented and meet the applicable standard of care. Consequently, prescriptions via telemedicine carry the same accountability as prescriptions delivered during an encounter in person. However, where such measures are upheld, and the appropriate clinical consideration is carried out and documented, physicians may exercise their judgment and prescribe medications as part of telemedicine encounters.”

Refer to the source provided for all requirements and limitations.

Nurses

“As a party state to the Nurse Licensure Compact (NLC), Maine issues multistate licenses to nurses and applicants who reside in the state and recognizes multistate licenses issued by other party states, for practice in Maine. A nurse holding a multistate license is entitled to practice in any NLC party state, but must comply at all times with the laws of the state where he or she is currently practicing.”

“It should be noted that not every state in the US is an NLC party state; a map of participating states, as well as further resources related to the NLC, are available on the Nurse Licensure Compact website.”

Refer to the source provided for all requirements and limitations.

Maine Professional Regulation/Health & Safety Online Prescribing

Source

ME Regulation Sec. 02-373-6 & 02-383-6.

PRESCRIBING BASED SOLELY ON AN INTERNET REQUEST, INTERNET QUESTIONNAIRE OR A TELEPHONIC INTERVIEW PROHIBITED

         “Prescribing to a patient based solely on an Internet request or Internet questionnaire (i.e. static questionnaire provided to a patient, to which the patient responds with a static set of answers, in contrast to an adaptive, interactive and responsive online interview) is prohibited. Absent a valid physician-patient relationship, a licensee’s prescribing to a patient based solely on a telephonic evaluation is prohibited, with the exception of the circumstances described in Section 19, subsection 3 of this rule.”

“Telemedicine technologies, where prescribing may be contemplated, must implement measures to uphold patient safety in the absence of traditional physical examination. Such measures should guarantee that the identity of the patient and provider is clearly established and that detailed documentation for the clinical evaluation and resulting prescription is required. Measures to assure informed, accurate and error prevention prescribing practices (e.g. integration with e-Prescription systems) are encouraged. All applicable law shall be complied with.”

“Prescribing medications, in-person or via telemedicine, is at the professional discretion of the physician. The physician prescribing via telemedicine must ensure that the clinical evaluation, indication, appropriateness, and safety consideration for the resulting prescription are appropriately documented and meet the applicable standard of care. Consequently, prescriptions via telemedicine carry the same accountability as prescriptions delivered during an encounter in person. However, where such measures are upheld, and the appropriate clinical consideration is carried out and documented, physicians may exercise their judgment and prescribe medications as part of telemedicine encounters.”

Refer to the source provided for all requirements and limitations.

Medicaid Telehealth Parity Law

Source MaineCare Benefits Manual, Telehealth, 10-144 Ch. 101, Ch. 1, Sec. 4., p. 13. (Apr. 9, 2018)

4.07-1 General Conditions. A. Services are to be billed in accordance with applicable sections of the MaineCare Benefits Manual. Providers must submit claims in accordance with Department billing instructions. The same procedure codes and rates apply to the underlying Covered Service as if those Services were delivered face to face."

Refer to the source provided for all requirements and limitations.

Originating Site Reimbursement: Source MaineCare Benefits Manual, Telehealth, 10-144 Ch. 101, Ch. 1, Sec. 4., p. 3. (Apr. 9, 2018)

"4.01-7 Originating (Member) Site

The site at which the Member is located at the time of Telehealth Service delivery. The Originating (Member) Site will usually be a Health Care Provider’s office, but it may also be the Member’s residence, provided the proper equipment is available for Telehealth Services."

Private Pay Telehealth Parity Law

Source: Maine Revised Statutes Annotated, Title 24, Sec. 4316 & LD 1263 (2019 Session).

"2. Coverage of telemedicine services. A carrier offering a health plan in this State may not deny coverage on the basis that the coverage is provided through telemedicine if the health care service would be covered were it provided through in-person consultation between the covered person and a health care provider. Coverage for health care services provided through telemedicine must be determined in a manner consistent with coverage for health care services provided through in-person consultation. A carrier may offer a health plan containing a provision for a deductible, copayment or coinsurance requirement for a health care service provided through telemedicine as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to an in-person consultation."

Refer to the source provided for all requirements and limitations.

Payment Parity

We are not aware of any explicit payment parity.

Permission for the Temporary Practice of Clinicians Licensed Outside the State

We are not aware of any permission that allows for services delivered by out-of-state providers.

Note: As this is a free resource and Rules and Regulations regarding Telehealth are always changing, we appreciate any updates or corrections. They can be emailed to us at This email address is being protected from spambots. You need JavaScript enabled to view it. with a link to the source or a citation of the rule or regulation.

THTC Program Button

Telemental health is not a separate service from mental health services. All state licensing boards require that licensed clinicians follow all the regulations for practicing under their license no matter what medium of communication is used. All licensing boards also require that clinicians only practice within the boundaries of their competence. This usually requires education, continuing education, and/or supervision in telemental health. Complete our telehealth training program to cover all the essential competencies of providing telemental health services and earn the THTC (Telemental Health Training Certificate).

2 comments

  • Comment Link Beth VanBeek Tuesday, 21 December 2021 08:44 posted by Beth VanBeek

    Hi Mary Ann Rocco,
    When practicing out of state, there are two things to consider:
    1) what your license requires for providing telemental health and
    2) what the receiving state (where client is located) requires for those acting as "guests" delivering service in their state
    Since each state and licensing board is different, we have pulled together a resource that lists rules and regulations for all of them: https://www.telementalhealthtraining.com/states-rules-and-regulations
    Here is another resource that also has updated information (even temporary) with regard to the COVID-19 situation, The Center for Connected Health Policy: Home Page | CCHP Website

  • Comment Link Mary Ann Rocco Wednesday, 15 December 2021 12:57 posted by Mary Ann Rocco

    Can Florida licensed social workers provide teletherapy to a person living in Maine?

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