An Act To Amend Telehealth Laws Regarding Out-of-state Telehealth Provisions
Maine Legislature, Session 130, LD 1361
Committee: Health Coverage, Insurance and Financial Services
Sponsors: STEWART, TIMBERLAKE, MORRIS
Amends: 24-A MRSA §4316, 32 MRSA §2600-G, 32 MRSA §3270-H, 32 MRSA §3300-D

Legislative Document
No. 1361
S.P. 448
In Senate, April 7, 2021
An Act To Amend Telehealth Laws Regarding Out-of-state 
Telehealth Provisions
Received by the Secretary of the Senate on April 5, 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 STEWART of Aroostook.
Cosponsored by Senator: TIMBERLAKE of Androscoggin, Representative: MORRIS of 
Turner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §4316, sub-§1, ¶C, as enacted by PL 2019, c. 289, §2, is 
amended to read:
C.  "Telehealth," as it pertains to the delivery of health care services, means the use of 
interactive real-time visual and audio or other electronic media electronic audio or 
visual communications and information technologies or other means of communication 
between a telehealth provider in one location and an enrollee in another location 
directly or through another health care provider for the purpose of consultation and 
education concerning and diagnosis, treatment, care management and self-management 
of an enrollee's physical and mental health and includes real-time interaction between 
the enrollee and the telehealth provider, synchronous encounters, asynchronous 
encounters, store and forward transfers, remote monitoring and telemonitoring.  
"Telehealth" does not include the use of audio-only telephone, facsimile machine, e-
mail or texting.
Sec. 2.  32 MRSA §2600-G is enacted to read:
§2600-G.  Exemption for licensed individual consulting through telehealth
1.  Definition.  For the purposes of this section, "telehealth" has the same meaning as 
in Title 24-A, section 4316, subsection 1, paragraph C.
2.  Licensed individual consulting through telehealth.  An individual located in 
another state who holds a current unrestricted license to practice osteopathic medicine in 
that state may engage in consultation through telehealth with an individual licensed to 
practice osteopathic medicine under this chapter without being licensed under this chapter.
3.  Restrictions.  An individual authorized to provide consultation through telehealth 
under subsection 2 may not provide medical services at a health care facility in this State, 
including a hospital, ambulatory surgical facility or any other facility where medical care, 
diagnosis or treatment is provided on an inpatient or outpatient basis without being licensed 
under this chapter.
Sec. 3.  32 MRSA §3270-H is enacted to read:
§3270-H.  Exemption for licensed individual consulting through telehealth
1.  Definition.  For the purposes of this section, "telehealth" has the same meaning as 
in Title 24-A, section 4316, subsection 1, paragraph C.
2.  Licensed individual consulting through telehealth.  An individual located in 
another state who holds a current unrestricted license to practice medicine or surgery in 
that state may engage in consultation through telehealth with an individual licensed to 
practice medicine or surgery under this chapter without being licensed under this chapter.
3.  Restrictions.  An individual authorized to provide consultation through telehealth 
under subsection 2 may not provide medical services at a health care facility in this State, 
including a hospital, ambulatory surgical facility or any other facility where medical care, 
diagnosis or treatment is provided on an inpatient or outpatient basis without being licensed 
under this chapter.
Sec. 4.  32 MRSA §3300-D, as  enacted by PL 2015, c. 137, §1, is repealed.
SUMMARY
This bill amends the definition of "telehealth" in the health plan requirements of the 
Maine Insurance Code by clarifying that telehealth is the provision through electronic 
means of health care services from a telehealth provider in one location and an enrollee in 
another location directly or through another health care provider, by clarifying which 
electronic means are allowed for providing telehealth and by removing the exclusion of 
audio-only telephone, facsimile machine, e-mail or texting from the definition.  The bill 
also repeals the provisions requiring the registration of out-of-state physicians providing 
telehealth consulting services and replacing the provisions with only the requirement that 
the out-of-state physician possess an unrestricted license in medicine in the state from 
which the physician is located when providing the consulting services and adds a similar 
provision in the provisions regarding licensure of osteopathic physicians.