.05 Patient Evaluation.

A. Except when providing asynchronous telehealth services or remote patient monitoring, a telehealth practitioner shall:

(1) Perform a clinical patient evaluation adequate to establish a diagnosis and identify underlying conditions or contraindications to recommended treatment options before providing treatment or services through telehealth; and

(2) If clinically appropriate for the patient, provide or refer a patient to:

(a) In-person health care services; or

(b) Another type of telehealth service.

B. If the evaluation is adequate to comply with §A of this regulation, a telehealth practitioner may use:

(1) Telehealth devices;

(2) Live synchronous audio-visual communication;

(3) Other methods of performing a patient examination remotely; or

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

C. A telehealth practitioner shall comply with all applicable laws and regulations governing referrals, testing, and evaluation of patients including, but not limited to, the requirements of:

(1) COMAR 10.41.08; and

(2) Health Occupations Article, §2-314.1, Annotated Code of Maryland.

D. A telehealth practitioner may not treat a patient based solely on an online questionnaire.