.04 Provider Conditions for Participation.

A. To render or bill for services delivered via telehealth, the provider shall meet the requirements as set forth in:

(1) COMAR 10.09.36.02;

(2) COMAR 10.09.36.03; and

(3) The COMAR chapter defining the covered service being rendered.

B. The provider shall obtain the participant’s consent to services via telehealth, unless there is an emergency that prevents obtaining consent, which shall be documented in the participant’s medical record.

C. Medical Record Documentation. The provider shall:

(1) Maintain documentation in the same manner as during an in-person visit, using either electronic or paper medical records;

(2) Retain telehealth records according to the provisions of Health-General Article, §4-403, Annotated Code of Maryland; and

(3) Include the participant's consent to participate in telehealth or an explanation as to why consent was not available.

D. An originating site may be any secure location, approved by the participant and the provider, for the delivery of telehealth services.

E. Distant Site Providers may render services via telehealth within the provider's scope of practice.