Out-of-State Telehealth Providers

The bill allows a health-care provider (applicant) who possesses a license, certificate, registration, or other approval as a health-care provider in another state (out-of-state credential) to provide health-care services through telehealth to patients located in Colorado if the applicant registers with the regulator that regulates the health-care services the applicant will provide (regulator). An applicant is eligible for registration if:

• The applicant submits an application in a manner prescribed by the division of professions and occupations in the department of regulatory agencies (division) and pays the applicable fee;
• The applicant possesses an out-of-state credential issued by a governmental authority in another state, the District of Columbia, or a possession or territory of the United States that is active and unencumbered, that has educational and supervisory standards equivalent to or exceeding the educational and supervisory standards required for the equivalent credential in this state or the interstate compact license for the applicable credential type, and that entitles the applicant to perform health-care services that are substantially similar to health-care services that may be performed by a licensee, certificate holder, or registrant in this state;
• The applicant designates an agent upon whom service of process may be made in Colorado; and
• The applicant has not been subject to any disciplinary action relating to the applicant's out-of-state credential during the 5-year period immediately preceding the submission of the applicant's application that has resulted in the applicant's out-of-state credential being limited, suspended, or revoked, unless the disciplinary action pertains to an action, behavior, or treatment permitted under Colorado law; and
• The applicant demonstrates passage of a jurisprudence examination administered by the division if passage of a jurisprudence examination is required for substantially similar credentialing in this state.

An applicant who has been registered to provide health-care services through telehealth to patients located in Colorado (registered provider) shall:

• Provide health-care services in compliance with the professional practice standards for health-care services in this state;
• In the event of an emergency situation, make a good faith effort to contact and coordinate with emergency services located near the originating site, or facilitate contact with the appropriate local mental and behavioral health services, and remain on a synchronous connection with the patient, if the emergency arises during a synchronous connection, until emergency services have reached the originating site or the situation is resolved in the registered provider's clinical judgment;
• Maintain a written emergency protocol that is appropriate to the applicable standard of care for Colorado;
• Notify the applicable regulator of restrictions placed on the registered provider's out-of-state credential in any state or jurisdiction or of any disciplinary action taken or pending against the registered provider in any state or jurisdiction;
• Maintain and have in effect a form of financial responsibility that covers services provided to patients in this state as required by the applicable regulator; and
• Disclose to the patient that the registered provider does not have a physical location in Colorado and disclose the location of the registered provider; and
• Not open an office in this state and shall not provide in-person health-care services to patients located in this state unless the health-care provider obtains the license, certification, or registration that the applicable regulator requires for the performance of the relevant health-care services in this state.

The bill also allows the division or the regulator to take disciplinary action against a registered provider under specified conditions. The department of regulatory agencies may notify other states in which the registered provider is licensed, registered, or certified to practice of any disciplinary actions taken against the registered provider in this state. A registered provider is prohibited from prescribing a controlled substance.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)