.05 Patient Evaluation.

A. A telehealth practitioner shall perform a synchronous, audio-visual patient evaluation adequate to establish diagnoses and identify underlying conditions or contraindications to recommended treatment options before providing treatment or prescribing medication.

B. Subject to Regulation .06 of this chapter, the requirements of §A of this regulation do not apply to:

(1) Interpretive services where a prior patient evaluation was performed by another provider;

(2) Remote patient monitoring; or

(3) Asynchronous telehealth services for a patient who has had a prior synchronous, audio-visual telehealth patient evaluation or in-person patient evaluation that complies with the requirements of §A of this regulation.

C. To comply with §A of this regulation, a telehealth practitioner may use:

(1) A surrogate examiner; or

(2) A patient evaluation performed by another licensed health care practitioner providing coverage.