An Act Regarding Telehealth Services for Certain Licensees of the Office of Professional and Occupational Regulation and Certain Licensees Affiliated with the Department of Professional and Financial Regulation
Maine Legislature, Session 130, LD 1681
Committee: Health Coverage, Insurance and Financial Services
Sponsors: SANBORN
Amends: 32 MRSA §69, 32 MRSA §1533, 32 MRSA §2287, 32 MRSA §3120, 32 MRSA §4879, 32 MRSA §9714, 32 MRSA §9863, 32 MRSA §9916, 32 MRSA §13868, 32 MRSA §14363

Legislative Document
No. 1681
S.P. 542
In Senate, May 6, 2021
An Act Regarding Telehealth Services for Certain Licensees of the 
Office of Professional and Occupational Regulation and Certain 
Licensees Affiliated with the Department of Professional and 
Financial Regulation
Received by the Secretary of the Senate on May 4, 2021.  Referred to the Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator SANBORN of Cumberland.  (GOVERNOR'S BILL)
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §69 is enacted to read:
§69.  Telehealth services
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between an individual and a person 
licensed under this chapter through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files 
and other relevant data, and to transmit such information without requiring the 
simultaneous presence of the individual and the person licensed under this chapter.
B.  "Store and forward transfer" means the transmission of an individual's records 
through a secure electronic system to a person licensed under this chapter.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between an individual and a person licensed 
under this chapter or between a person licensed under this chapter and another health 
care provider.
D.  "Telehealth services" means health care services delivered through the use of 
information technology and includes synchronous encounters, asynchronous 
encounters, store and forward transfers and telemonitoring.  
E.  "Telemonitoring" means the use of information technology to remotely monitor an 
individual's health status via electronic means, allowing the person licensed under this 
chapter to track the individual's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
2.  Telehealth services permitted.  A person licensed under this chapter may provide 
telehealth services as long as the licensee acts within the scope of practice of the licensee's 
license, in accordance with any requirements and restrictions imposed by this section and 
in accordance with standards of practice.
3.  Confidentiality.  When providing telehealth services, a person licensed under this 
chapter shall comply with all state and federal confidentiality and privacy laws.
4.  Professional responsibility.  All laws and rules governing professional 
responsibility, unprofessional conduct and generally accepted standards of practice that 
apply to a person licensed under this chapter also apply to that licensee while providing 
telehealth services.
5.  Rulemaking.  The board shall adopt rules governing telehealth services by persons 
licensed under this chapter.  These rules must establish standards of practice and 
appropriate restrictions for the various types and forms of telehealth services. Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.  
Sec. 2.  32 MRSA c. 9, sub-c. 6 is enacted to read:
SUBCHAPTER 6
TELEHEALTH SERVICES
§566.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§567.  Telehealth services permitted 
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§568.  Confidentiality 
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§569.  Professional responsibility  
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§570.  Rulemaking 
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
Sec. 3.  32 MRSA §1533 is enacted to read:
§1533.  Telehealth services
1.   Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between an individual and a person 
licensed under this chapter through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files 
and other relevant data, and to transmit such information without requiring the 
simultaneous presence of the individual and the person licensed under this chapter.
B.  "Store and forward transfer" means the transmission of an individual's records 
through a secure electronic system to a person licensed under this chapter.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between an individual and a person licensed 
under this chapter or between a person licensed under this chapter and another health 
care provider.
D.  "Telehealth services" means health care services delivered through the use of 
information technology and includes synchronous encounters, asynchronous 
encounters, store and forward transfers and telemonitoring.  
E. "Telemonitoring" means the use of information technology to remotely monitor an 
individual's health status via electronic means, allowing the person licensed under this 
chapter to track the individual's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
2.  Telehealth services permitted.  A person licensed under this chapter may provide 
telehealth services as long as the licensee acts within the scope of practice of the licensee's 
license, in accordance with any requirements and restrictions imposed by this section and 
in accordance with standards of practice.
3.  Confidentiality.  When providing telehealth services, a person licensed under this 
chapter shall comply with all state and federal confidentiality and privacy laws.
4.  Professional responsibility.  All laws and rules governing professional 
responsibility, unprofessional conduct and generally accepted standards of practice that 
apply to a person licensed under this chapter also apply to that licensee while providing 
telehealth services.
5.  Rulemaking.  The director shall adopt rules governing telehealth services by 
persons licensed under this chapter.  These rules must establish standards of practice and 
appropriate restrictions for the various types and forms of telehealth services. Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.
Sec. 4.  32 MRSA c. 31, sub-c. 7 is enacted to read:
SUBCHAPTER 7
TELEHEALTH SERVICES
§2266.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§2267.  Telehealth services permitted
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§2268.  Confidentiality
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§2269.  Professional responsibility
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§2270.  Rulemaking
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.  
Sec. 5.  32 MRSA §2287 is enacted to read:
§2287.  Telehealth services
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between a patient and a person 
licensed under this chapter through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files 
and other relevant data, and to transmit such information without requiring the 
simultaneous presence of the patient and the person licensed under this chapter.
B.  "Store and forward transfer" means the transmission of a patient's records through 
a secure electronic system to a person licensed under this chapter.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between a patient and a person licensed under 
this chapter or between a person licensed under this chapter and another health care 
provider.
D.  "Telehealth services" means health care services delivered through the use of 
information technology and includes synchronous encounters, asynchronous 
encounters, store and forward transfers and telemonitoring.  
E.  "Telemonitoring" means the use of information technology to remotely monitor a 
patient's health status via electronic means, allowing the person licensed under this 
chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
2.  Telehealth services permitted.  A person licensed under this chapter may provide 
telehealth services as long as the licensee acts within the scope of practice of the licensee's 
license, in accordance with any requirements and restrictions imposed by this section and 
in accordance with standards of practice.
3.  Confidentiality.  When providing telehealth services, a person licensed under this 
chapter shall comply with all state and federal confidentiality and privacy laws.
4.  Professional responsibility.  All laws and rules governing professional 
responsibility, unprofessional conduct and generally accepted standards of practice that 
apply to a person licensed under this chapter also apply to that licensee while providing 
telehealth services.
5.  Rulemaking.  The board shall adopt rules governing telehealth services by persons 
licensed under this chapter.  These rules must establish standards of practice and 
appropriate restrictions for the various types and forms of telehealth services. Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.
Sec. 6.  32 MRSA c. 34-A, sub-c. 6 is enacted to read:
SUBCHAPTER 6
TELEHEALTH SERVICES
§2447.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§2448.  Telehealth services permitted
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§2449.  Confidentiality
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§2450.  Professional responsibility
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§2450-A.  Rulemaking
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.  
Sec. 7.  32 MRSA c. 36, sub-c. 8 is enacted to read:
SUBCHAPTER 8
TELEHEALTH SERVICES
§2600-AA.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§2600-BB.  Telehealth services permitted
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§2600-CC.  Confidentiality
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§2600-DD.  Professional responsibility
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§2600-EE.  Rulemaking
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.  
Sec. 8.  32 MRSA §3120 is enacted to read:
§3120.  Telehealth services
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between a patient and a person 
licensed under this chapter through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files 
and other relevant data, and to transmit such information without requiring the 
simultaneous presence of the patient and the person licensed under this chapter.
B.  "Store and forward transfer" means the transmission of a patient's records through 
a secure electronic system to a person licensed under this chapter.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between a patient and a person licensed under 
this chapter or between a person licensed under this chapter and another health care 
provider.
D.  "Telehealth services" means health care services delivered through the use of 
information technology and includes synchronous encounters, asynchronous 
encounters, store and forward transfers and telemonitoring.  
E.  "Telemonitoring" means the use of information technology to remotely monitor a 
patient's health status via electronic means, allowing the person licensed under this 
chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
2.  Telehealth services permitted.  A person licensed under this chapter may provide 
telehealth services as long as the licensee acts within the scope of practice of the licensee's 
license, in accordance with any requirements and restrictions imposed by this section and 
in accordance with standards of practice.
3.  Confidentiality.  When providing telehealth services, a person licensed under this 
chapter shall comply with all state and federal confidentiality and privacy laws.
4.  Professional responsibility.  All laws and rules governing professional 
responsibility, unprofessional conduct and generally accepted standards of practice that 
apply to a person licensed under this chapter also apply to that licensee while providing 
telehealth services.
5.  Rulemaking.  The board shall adopt rules governing telehealth services by persons 
licensed under this chapter.  These rules must establish standards of practice and 
appropriate restrictions for the various types and forms of telehealth services. Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A. 
Sec. 9.  32 MRSA c. 48, sub-c. 4 is enacted to read:
SUBCHAPTER 4
TELEHEALTH SERVICES
§3300-AA.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§3300-BB.  Telehealth services permitted
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§3300-CC.  Confidentiality
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§3300-DD.  Professional responsibility
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§3300-EE.  Rulemaking
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.  
Sec. 10.  32 MRSA c. 51, sub-c. 4 is enacted to read:
SUBCHAPTER 4
TELEHEALTH SERVICES
§3661.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§3662.  Telehealth services permitted  
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§3663.  Confidentiality 
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§3664.  Professional responsibility  
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§3665.  Rulemaking
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
Sec. 11.  32 MRSA c. 56, sub-c. 4 is enacted to read:
SUBCHAPTER 4
TELEHEALTH SERVICES
§3841.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§3842.  Telehealth services permitted  
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§3843.  Confidentiality 
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§3844.  Professional responsibility  
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§3845.  Rulemaking  
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
Sec. 12.  32 MRSA §4879 is enacted to read:
§4879.  Telehealth services
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between a patient and a person 
licensed under this chapter through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files 
and other relevant data, and to transmit such information without requiring the 
simultaneous presence of the patient and the person licensed under this chapter.
B.  "Store and forward transfer" means the transmission of a patient's records through 
a secure electronic system to a person licensed under this chapter.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between a patient and a person licensed under 
this chapter or between a person licensed under this chapter and another health care 
provider.
D.  "Telehealth services" means health care services delivered through the use of 
information technology and includes synchronous encounters, asynchronous 
encounters, store and forward transfers and telemonitoring.  
E.  "Telemonitoring" means the use of information technology to remotely monitor a 
patient's health status via electronic means, allowing the person licensed under this 
chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
2.  Telehealth services permitted.  A person licensed under this chapter may provide 
telehealth services as long as the licensee acts within the scope of practice of the licensee's 
license, in accordance with any requirements and restrictions imposed by this section and 
in accordance with standards of practice.
3.  Confidentiality.  When providing telehealth services, a person licensed under this 
chapter shall comply with all state and federal confidentiality and privacy laws.
4.  Professional responsibility.  All laws and rules governing professional 
responsibility, unprofessional conduct and generally accepted standards of practice that 
apply to a person licensed under this chapter also apply to that licensee while providing 
telehealth services.
5.  Rulemaking.  The board shall adopt rules governing telehealth services by persons 
licensed under this chapter.  These rules must establish standards of practice and 
appropriate restrictions for the various types and forms of telehealth services. Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.  
Sec. 13.  32 MRSA c. 81, sub-c. 5 is enacted to read:
SUBCHAPTER 5
TELEHEALTH SERVICES
§6231.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a client and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the client and the person licensed under this chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a client's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a client and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a client's health status via electronic means, allowing the person licensed 
under this chapter to track the client's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§6232.  Telehealth services permitted 
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§6233.  Confidentiality 
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§6234.  Professional responsibility 
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§6235. Rulemaking
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
Sec. 14.  32 MRSA c. 83, sub-c. 4 is enacted to read:
SUBCHAPTER 4
TELEHEALTH SERVICES
§7071.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a client and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the client and the person licensed under this chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a client's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a client and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a client's health status via electronic means, allowing the person licensed 
under this chapter to track the client's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§7072.  Telehealth services permitted  
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§7073.  Confidentiality 
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§7074.  Professional responsibility  
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§7075.  Rulemaking
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
Sec. 15.  32 MRSA §9714 is enacted to read:
§9714.  Telehealth services
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between a patient and a person 
licensed under this chapter through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files 
and other relevant data, and to transmit such information without requiring the 
simultaneous presence of the patient and the person licensed under this chapter.
B.  "Store and forward transfer" means the transmission of a patient's records through 
a secure electronic system to a person licensed under this chapter.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between a patient and a person licensed under 
this chapter or between a person licensed under this chapter and another health care 
provider.
D.  "Telehealth services" means health care services delivered through the use of 
information technology and includes synchronous encounters, asynchronous 
encounters, store and forward transfers and telemonitoring.  
E.   "Telemonitoring" means the use of information technology to remotely monitor a 
patient's health status via electronic means, allowing the person licensed under this 
chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
2.  Telehealth services permitted.  A person licensed under this chapter may provide 
telehealth services as long as the licensee acts within the scope of practice of the licensee's 
license, in accordance with any requirements and restrictions imposed by this section and 
in accordance with standards of practice.
3.  Confidentiality.  When providing telehealth services, a person licensed under this 
chapter shall comply with all state and federal confidentiality and privacy laws.
4.  Professional responsibility.  All laws and rules governing professional 
responsibility, unprofessional conduct and generally accepted standards of practice that 
apply to a person licensed under this chapter also apply to that licensee while providing 
telehealth services.
5.  Rulemaking.  The board shall adopt rules governing telehealth services by persons 
licensed under this chapter.  These rules must establish standards of practice and 
appropriate restrictions for the various types and forms of telehealth services. Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.
Sec. 16.  32 MRSA §9863 is enacted to read:
§9863.  Telehealth services
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between a patient and a person 
licensed under this chapter through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files 
and other relevant data, and to transmit such information without requiring the 
simultaneous presence of the patient and the person licensed under this chapter.
B.  "Store and forward transfer" means the transmission of a patient's records through 
a secure electronic system to a person licensed under this chapter.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between a patient and a person licensed under 
this chapter or between a person licensed under this chapter and another health care 
provider.
D.  "Telehealth services" means health care services delivered through the use of 
information technology and includes synchronous encounters, asynchronous 
encounters, store and forward transfers and telemonitoring.  
E.  "Telemonitoring" means the use of information technology to remotely monitor a 
patient's health status via electronic means, allowing the person licensed under this 
chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
2.  Telehealth services permitted.  A person licensed under this chapter may provide 
telehealth services as long as the licensee acts within the scope of practice of the licensee's 
license, in accordance with any requirements and restrictions imposed by this section and 
in accordance with standards of practice.
3.  Confidentiality.  When providing telehealth services, a person licensed under this 
chapter shall comply with all state and federal confidentiality and privacy laws.
4.  Professional responsibility.  All laws and rules governing professional 
responsibility, unprofessional conduct and generally accepted standards of practice that 
apply to a person licensed under this chapter also apply to that licensee while providing 
telehealth services.
5.  Rulemaking.  The board shall adopt rules governing telehealth services by persons 
licensed under this chapter.  These rules must establish standards of practice and 
appropriate restrictions for the various types and forms of telehealth services. Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.
Sec. 17.  32 MRSA §9916 is enacted to read:
§9916.  Telehealth services
1.   Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between an individual and a person 
licensed under this chapter through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files 
and other relevant data, and to transmit such information without requiring the 
simultaneous presence of the individual and the person licensed under this chapter.
B.  "Store and forward transfer" means the transmission of an individual's records 
through a secure electronic system to a person licensed under this chapter.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between an individual and a person licensed 
under this chapter or between a person licensed under this chapter and another health 
care provider.
D.  "Telehealth services" means health care services delivered through the use of 
information technology and includes synchronous encounters, asynchronous 
encounters, store and forward transfers and telemonitoring.  
E.  "Telemonitoring" means the use of information technology to remotely monitor an 
individual's health status via electronic means, allowing the person licensed under this 
chapter to track the individual's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
2.  Telehealth services permitted.  A person licensed under this chapter may provide 
telehealth services as long as the licensee acts within the scope of practice of the licensee's 
license, in accordance with any requirements and restrictions imposed by this section and 
in accordance with standards of practice.
3.  Confidentiality.  When providing telehealth services, a person licensed under this 
chapter shall comply with all state and federal confidentiality and privacy laws.
4.  Professional responsibility.  All laws and rules governing professional 
responsibility, unprofessional conduct and generally accepted standards of practice that 
apply to a person licensed under this chapter also apply to that licensee while providing 
telehealth services.
5.  Rulemaking.  The board shall adopt rules governing telehealth services by persons 
licensed under this chapter.  These rules must establish standards of practice and 
appropriate restrictions for the various types and forms of telehealth services. Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.
Sec. 18.  32 MRSA c. 113-B, sub-c. 7 is enacted to read:
SUBCHAPTER 7
TELEHEALTH SERVICES
§12611.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§12612.  Telehealth services permitted  
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§12613.  Confidentiality 
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§12614.  Professional responsibility  
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§12615.  Rulemaking  
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter. These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
Sec. 19.  32 MRSA c. 117, sub-c. 15 is enacted to read:
SUBCHAPTER 15
TELEHEALTH SERVICES
§13848.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§13849. Telehealth services permitted  
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§13849-A.  Confidentiality 
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§13849-B.  Professional responsibility  
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§13849-C.  Rulemaking  
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.  
Sec. 20.  32 MRSA §13868 is enacted to read:
§13868.  Telehealth services
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between a client and a person 
licensed under this chapter through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files 
and other relevant data, and to transmit such information without requiring the 
simultaneous presence of the client and the person licensed under this chapter.
B.  "Store and forward transfer" means the transmission of a client's records through a 
secure electronic system to a person licensed under this chapter.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between a client and a person licensed under this 
chapter or between a person licensed under this chapter and another health care 
provider.
D.  "Telehealth services" means health care services delivered through the use of 
information technology and includes synchronous encounters, asynchronous 
encounters, store and forward transfers and telemonitoring.  
E.  "Telemonitoring" means the use of information technology to remotely monitor a 
client's health status via electronic means, allowing the person licensed under this 
chapter to track the client's health data over time.  Telemonitoring may be synchronous 
or asynchronous.
2.  Telehealth services permitted.  A person licensed under this chapter may provide 
telehealth services as long as the licensee acts within the scope of practice of the licensee's 
license, in accordance with any requirements and restrictions imposed by this section and 
in accordance with standards of practice.
3.  Confidentiality.  When providing telehealth services, a person licensed under this 
chapter shall comply with all state and federal confidentiality and privacy laws.
4.  Professional responsibility.  All laws and rules governing professional 
responsibility, unprofessional conduct and generally accepted standards of practice that 
apply to a person licensed under this chapter also apply to that licensee while providing 
telehealth services.
5.  Rulemaking.  The board shall adopt rules governing telehealth services by persons 
licensed under this chapter.  These rules must establish standards of practice and 
appropriate restrictions for the various types and forms of telehealth services. Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.
Sec. 21.  32 MRSA §14363 is enacted to read:
§14363.  Telehealth services
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between an individual and a person 
licensed under this chapter through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files 
and other relevant data, and to transmit such information without requiring the 
simultaneous presence of the individual and the person licensed under this chapter.
B.  "Store and forward transfer" means the transmission of individual's records through 
a secure electronic system to a person licensed under this chapter.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between an individual and a person licensed 
under this chapter or between a person licensed under this chapter and another health 
care provider.
D.  "Telehealth services" means health care services delivered through the use of 
information technology and includes synchronous encounters, asynchronous 
encounters, store and forward transfers and telemonitoring.  
E.  "Telemonitoring" means the use of information technology to remotely monitor an 
individual's health status via electronic means, allowing the person licensed under this 
chapter to track the individual's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
2.  Telehealth services permitted.  A person licensed under this chapter may provide 
telehealth services as long as the licensee acts within the scope of practice of the licensee's 
license, in accordance with any requirements and restrictions imposed by this section and 
in accordance with standards of practice.
3.  Confidentiality.  When providing telehealth services, a person licensed under this 
chapter shall comply with all state and federal confidentiality and privacy laws.
4.  Professional responsibility.  All laws and rules governing professional 
responsibility, unprofessional conduct and generally accepted standards of practice that 
apply to a person licensed under this chapter also apply to that licensee while providing 
telehealth services.
5.  Rulemaking.  The commissioner shall adopt rules governing telehealth services by 
persons licensed under this chapter.  These rules shall establish standards of practice and 
appropriate restrictions for the various types and forms of telehealth services. Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.
Sec. 22.  32 MRSA c. 137, sub-c. 4 is enacted to read:
SUBCHAPTER 4
TELEHEALTH SERVICES
§17401.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter.
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter.
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider.
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous.
§17402.  Telehealth services permitted  
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§17403.  Confidentiality 
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws.
§17404.  Professional responsibility  
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while providing telehealth services.
§17405.  Rulemaking
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill permits health care providers licensed under the Department of Professional 
and Financial Regulation to provide telehealth services as long as the licensee acts within 
the scope of practice of the licensee's license, in accordance with any requirements and 
restrictions imposed by law and in accordance with standards of practice.  The bill defines 
"telehealth services" and authorizes licensing entities to adopt rules to establish standards 
of practice and restrictions for telehealth services.