Utah
Utah Code Title 26 Utah Health Code Chapter 60 Telehealth Act Section 102 Definitions 26-60-102. Definitions. As used in this chapter: “(1) "Asynchronous store and forward transfer" means the transmission of a patient's health care information from an originating site to a provider at a distant site. (2) "Distant site" means the physical location of a provider delivering telemedicine services. (3) "Originating site" means the physical location of a patient receiving telemedicine services. (4) "Patient" means an individual seeking telemedicine services. (5) (a) "Patient-generated medical history" means medical data about a patient that the patient creates, records, or gathers. (b) "Patient-generated medical history" does not include a patient's medical record that a healthcare professional creates and the patient personally delivers to a different healthcare professional. (6) "Provider" means an individual who is: (a) licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; (b) licensed under Title 58, Occupations and Professions, to provide health care; or (c) licensed under Title 62A, Chapter 2, Licensure of Programs and Facilities. (7) "Synchronous interaction" means real-time communication through interactive technology that enables a provider at a distant site and a patient at an originating site to interact simultaneously through two-way audio and video transmission. (8) "Telehealth services" means the transmission of health-related services or information through the use of electronic communication or information technology. (9) "Telemedicine services" means telehealth services: (a) including: (i) clinical care; (ii) health education; (iii) health administration; (iv) home health; (v) facilitation of self-managed care and caregiver support; or (vi) remote patient monitoring occurring incidentally to general supervision; and (b) provided by a provider to a patient through a method of communication that: (i) (A) uses asynchronous store and forward transfer; or (B) uses synchronous interaction; and (ii) meets industry security and privacy standards, including compliance with: (A) the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended; and (B) the federal Health Information Technology for Economic and Clinical Health Act, Pub. L. No. 111-5, 123 Stat. 226, 467, as amended.” Utah Code Title 26 Utah Health Code Chapter 60 Telehealth Act Section 102 Definitions 26-60-102. Definitions. As used in this chapter: “(1) "Asynchronous store and forward transfer" means the transmission of a patient's health care information from an originating site to a provider at a distant site. (2) "Distant site" means the physical location of a provider delivering telemedicine services. (3) "Originating site" means the physical location of a patient receiving telemedicine services. (4) "Patient" means an individual seeking telemedicine services. (5) (a) "Patient-generated medical history" means medical data about a patient that the patient creates, records, or gathers. (b) "Patient-generated medical history" does not include a patient's medical record that a healthcare professional creates and the patient personally delivers to a different healthcare professional. (6) "Provider" means an individual who is: (a) licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; (b) licensed under Title 58, Occupations and Professions, to provide health care; or (c) licensed under Title 62A, Chapter 2, Licensure of Programs and Facilities. (7) "Synchronous interaction" means real-time communication through interactive technology that enables a provider at a distant site and a patient at an originating site to interact simultaneously through two-way audio and video transmission. (8) "Telehealth services" means the transmission of health-related services or information through the use of electronic communication or information technology. (9) "Telemedicine services" means telehealth services: (a) including: (i) clinical care; (ii) health education; (iii) health administration; (iv) home health; (v) facilitation of self-managed care and caregiver support; or (vi) remote patient monitoring occurring incidentally to general supervision; and (b) provided by a provider to a patient through a method of communication that: (i) (A) uses asynchronous store and forward transfer; or (B) uses synchronous interaction; and (ii) meets industry security and privacy standards, including compliance with: (A) the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended; and (B) the federal Health Information Technology for Economic and Clinical Health Act, Pub. L. No. 111-5, 123 Stat. 226, 467, as amended.” Utah Code Title 26 Utah Health Code Chapter 60 Telehealth Act Section 102 Definitions 26-60-102. Definitions. As used in this chapter: “(1) "Asynchronous store and forward transfer" means the transmission of a patient's health care information from an originating site to a provider at a distant site. (2) "Distant site" means the physical location of a provider delivering telemedicine services. (3) "Originating site" means the physical location of a patient receiving telemedicine services. (4) "Patient" means an individual seeking telemedicine services. (5) (a) "Patient-generated medical history" means medical data about a patient that the patient creates, records, or gathers. (b) "Patient-generated medical history" does not include a patient's medical record that a healthcare professional creates and the patient personally delivers to a different healthcare professional. (6) "Provider" means an individual who is: (a) licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; (b) licensed under Title 58, Occupations and Professions, to provide health care; or (c) licensed under Title 62A, Chapter 2, Licensure of Programs and Facilities. (7) "Synchronous interaction" means real-time communication through interactive technology that enables a provider at a distant site and a patient at an originating site to interact simultaneously through two-way audio and video transmission. (8) "Telehealth services" means the transmission of health-related services or information through the use of electronic communication or information technology. (9) "Telemedicine services" means telehealth services: (a) including: (i) clinical care; (ii) health education; (iii) health administration; (iv) home health; (v) facilitation of self-managed care and caregiver support; or (vi) remote patient monitoring occurring incidentally to general supervision; and (b) provided by a provider to a patient through a method of communication that: (i) (A) uses asynchronous store and forward transfer; or (B) uses synchronous interaction; and (ii) meets industry security and privacy standards, including compliance with: (A) the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended; and (B) the federal Health Information Technology for Economic and Clinical Health Act, Pub. L. No. 111-5, 123 Stat. 226, 467, as amended.” Utah is a PSYPACT PARTICIPATING STATE- UT SB 106 (Enacted on 3/17/2017) "To practice telepsychology under the authority of PSYPACT, you will need to apply for and obtain an E.Passport from the Association of State and Provincial Psychology Boards (ASPPB) and apply for and obtain an Authority to Practice Interjurisdictional Telepsychology (APIT) from the PSYPACT Commission." Index Utah Code Title 58 Occupations and Professions Chapter 61 Psychologist Licensing Act Part 1 General Provisions Section 102 Definitions. (10)""Remotely" means communicating via Internet, telephone, or other electronic means that facilitate real-time audio or visual interaction between individuals when they are not physically present in the same room at the same time." Refer to the source provided for all requirements and limitations. UT Code, 26-60-102(8-9) Effective 5/12/2020 26-60-102. Definitions. As used in this chapter: “(1) "Asynchronous store and forward transfer" means the transmission of a patient's health care information from an originating site to a provider at a distant site. (2) "Distant site" means the physical location of a provider delivering telemedicine services. (3) "Originating site" means the physical location of a patient receiving telemedicine services. (4) "Patient" means an individual seeking telemedicine services. (5) (a) "Patient-generated medical history" means medical data about a patient that the patient creates, records, or gathers. (b) "Patient-generated medical history" does not include a patient's medical record that a healthcare professional creates and the patient personally delivers to a different healthcare professional. (6) "Provider" means an individual who is: (a) licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; (b) licensed under Title 58, Occupations and Professions, to provide health care; or (c) licensed under Title 62A, Chapter 2, Licensure of Programs and Facilities. (7) "Synchronous interaction" means real-time communication through interactive technology that enables a provider at a distant site and a patient at an originating site to interact simultaneously through two-way audio and video transmission. (8) "Telehealth services" means the transmission of health-related services or information through the use of electronic communication or information technology. (9) "Telemedicine services" means telehealth services: (a) including: (i) clinical care; (ii) health education; (iii) health administration; (iv) home health; (v) facilitation of self-managed care and caregiver support; or (vi) remote patient monitoring occurring incidentally to general supervision; and (b) provided by a provider to a patient through a method of communication that: (i) (A) uses asynchronous store and forward transfer; or (B) uses synchronous interaction; and (ii) meets industry security and privacy standards, including compliance with: (A) the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended; and (B) the federal Health Information Technology for Economic and Clinical Health Act, Pub. L. No. 111-5, 123 Stat. 226, 467, as amended.” UT Code, 26-60-103 Effective 5/5/2021 26-60-103. Scope of telehealth practice. “(1) A provider offering telehealth services shall: (a) at all times: (i) act within the scope of the provider's license under Title 58, Occupations and Professions, in accordance with the provisions of this chapter and all other applicable laws and rules; and (ii) be held to the same standards of practice as those applicable in traditional health care settings; (b) if the provider does not already have a provider-patient relationship with the patient, establish a provider-patient relationship during the patient encounter in a manner consistent with the standards of practice, determined by the Division of Professional Licensing in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including providing the provider's licensure and credentials to the patient; (c) before providing treatment or prescribing a prescription drug, establish a diagnosis and identify underlying conditions and contraindications to a recommended treatment after: (i) obtaining from the patient or another provider the patient's relevant clinical history; and (ii) documenting the patient's relevant clinical history and current symptoms; (d) be available to a patient who receives telehealth services from the provider for subsequent care related to the initial telemedicine services, in accordance with community standards of practice; (e) be familiar with available medical resources, including emergency resources near the originating site, in order to make appropriate patient referrals when medically indicated; (f) in accordance with any applicable state and federal laws, rules, and regulations, generate, maintain, and make available to each patient receiving telehealth services the patient's medical records; and (g) if the patient has a designated health care provider who is not the telemedicine provider: (i) consult with the patient regarding whether to provide the patient's designated health care provider a medical record or other report containing an explanation of the treatment provided to the patient and the telemedicine provider's evaluation, analysis, or diagnosis of the patient's condition; (ii) collect from the patient the contact information of the patient's designated health care provider; and (iii) within two weeks after the day on which the telemedicine provider provides services to the patient, and to the extent allowed under HIPAA as that term is defined in Section 26-18-17, provide the medical record or report to the patient's designated health care provider, unless the patient indicates that the patient does not want the telemedicine provider to send the medical record or report to the patient's designated health care provider. (2) Subsection (1)(g) does not apply to prescriptions for eyeglasses or contacts. (3) Except as specifically provided in Title 58, Chapter 83, Online Prescribing, Dispensing, and Facilitation Licensing Act, and unless a provider has established a provider-patient relationship with a patient, a provider offering telemedicine services may not diagnose a patient, provide treatment, or prescribe a prescription drug based solely on one of the following: (a) an online questionnaire; (b) an email message; or (c) a patient-generated medical history. (4) A provider may not offer telehealth services if: (a) the provider is not in compliance with applicable laws, rules, and regulations regarding the provider's licensed practice; or (b) the provider's license under Title 58, Occupations and Professions, is not active and in good standing.” Refer to the source provided for all requirements and limitations. “As a party state to the Nurse Licensure Compact (NLC), Utah issues multistate licenses to nurses and applicants who reside in the state and recognizes multistate licenses issued by other party states, for practice in Utah. 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. UT Code, 26-60-103 Effective 5/5/2021 26-60-103. Scope of telehealth practice. “(1) A provider offering telehealth services shall: (a) at all times: (i) act within the scope of the provider's license under Title 58, Occupations and Professions, in accordance with the provisions of this chapter and all other applicable laws and rules; and (ii) be held to the same standards of practice as those applicable in traditional health care settings; (b) if the provider does not already have a provider-patient relationship with the patient, establish a provider-patient relationship during the patient encounter in a manner consistent with the standards of practice, determined by the Division of Professional Licensing in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including providing the provider's licensure and credentials to the patient; (c) before providing treatment or prescribing a prescription drug, establish a diagnosis and identify underlying conditions and contraindications to a recommended treatment after: (i) obtaining from the patient or another provider the patient's relevant clinical history; and (ii) documenting the patient's relevant clinical history and current symptoms; (d) be available to a patient who receives telehealth services from the provider for subsequent care related to the initial telemedicine services, in accordance with community standards of practice; (e) be familiar with available medical resources, including emergency resources near the originating site, in order to make appropriate patient referrals when medically indicated; (f) in accordance with any applicable state and federal laws, rules, and regulations, generate, maintain, and make available to each patient receiving telehealth services the patient's medical records; and (g) if the patient has a designated health care provider who is not the telemedicine provider: (i) consult with the patient regarding whether to provide the patient's designated health care provider a medical record or other report containing an explanation of the treatment provided to the patient and the telemedicine provider's evaluation, analysis, or diagnosis of the patient's condition; (ii) collect from the patient the contact information of the patient's designated health care provider; and (iii) within two weeks after the day on which the telemedicine provider provides services to the patient, and to the extent allowed under HIPAA as that term is defined in Section 26-18-17, provide the medical record or report to the patient's designated health care provider, unless the patient indicates that the patient does not want the telemedicine provider to send the medical record or report to the patient's designated health care provider. (2) Subsection (1)(g) does not apply to prescriptions for eyeglasses or contacts. (3) Except as specifically provided in Title 58, Chapter 83, Online Prescribing, Dispensing, and Facilitation Licensing Act, and unless a provider has established a provider-patient relationship with a patient, a provider offering telemedicine services may not diagnose a patient, provide treatment, or prescribe a prescription drug based solely on one of the following: (a) an online questionnaire; (b) an email message; or (c) a patient-generated medical history. (4) A provider may not offer telehealth services if: (a) the provider is not in compliance with applicable laws, rules, and regulations regarding the provider's licensed practice; or (b) the provider's license under Title 58, Occupations and Professions, is not active and in good standing.” Refer to the source provided for all requirements and limitations. Source: UT Code Annotated Sec. 26-18-13 (1) (a) On or after July 1, 2008, communication by telemedicine is considered face to face contact between a health care provider and a patient under the state's medical assistance program if: (i) the communication by telemedicine meets the requirements of administrative rules adopted in accordance with Subsection (3); and Refer to the source provided for all requirements and limitations. Originating Site Reimbursement: We did not find any reference to originating sites. We are not aware of any explicit payment parity. *Clinicians who have had an experience with telehealth reimbursement in this state are invited to share their experiences in the comments section below: a) type of service provided; b) insurance provider; c) payment parity, payment issues, or insurance requirements. All Mental Health Professionals: Source: UT Code, 58-61-307(k) (k) an individual who is licensed, in good standing, to practice mental health therapy in a state or territory of the United States outside of Utah may provide short term transitional mental health therapy remotely to a client in Utah only if: (i) the individual is present in the state or territory where the individual is licensed to practice mental health therapy; Psychologists: Utah is a member of the Psychology Interjurisdictional Compact (PSYPACT) Refer to the source provided for all requirements and limitations.Counselors
Social Workers
Marriage and Family Therapists
Psychologists
Psychiatrists
Utah Professional Regulation/Health & Safety Online Prescribing
Nurses
Utah Professional Regulation/Health & Safety Online Prescribing
Medicaid Telehealth Parity Law
(ii) the health care services are eligible for reimbursement under the state's medical assistance program.Payment Parity
Permission for the Temporary Practice of Clinicians Licensed Outside the State
(ii) the client relocates to Utah;
(iii) the client is a client of the individual immediately before the client relocates to Utah;
(iv) the individual provides the short term transitional mental health therapy to the client only during the 45 day period beginning on the day on which the client relocates to Utah;
(v) within 10 days after the day on which the client relocates to Utah, the individual provides written notice to the division of the individual's intent to provide short term transitional mental health therapy remotely to the client; and
(vi) the individual does not engage in unlawful conduct or unprofessional conduct.
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 [email protected] with a link to the source or a citation of the rule or regulation.
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).