2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.032 — Interstate Practice Of Telehealth.

147.032 INTERSTATE PRACTICE OF TELEHEALTH.
Subdivision 1.
Requirements; registration.
(a) A physician not licensed to practice medicine in this state may provide medical services to a patient located in this state through interstate telehealth if the following conditions are met:
(1) the physician is licensed without restriction to practice medicine in the state from which the physician provides telehealth services;
(2) the physician has not had a license to practice medicine revoked or restricted in any state or jurisdiction;
(3) the physician does not open an office in this state, does not meet with patients in this state, and does not receive calls in this state from patients; and
(4) the physician annually registers with the board, on a form provided by the board.
(b) To register with the board, a physician must:
(1) state the physician's intention to provide interstate telehealth services in this state;
(2) provide complete information on:
(i) all states and jurisdictions in which the physician is currently licensed;
(ii) any states or jurisdictions in which the physician was previously licensed;
(iii) any negative licensing actions taken previously against the physician in any state or jurisdiction; and
(iv) other information requested by the board; and
(3) pay a registration fee of $75 annually and an initial application fee of $100.
(c) A physician registered to provide interstate telehealth services under this section must immediately notify the board of restrictions placed on the physician's license to practice in any state or jurisdiction.
(d) In registering to provide interstate telehealth services to state residents under this section, a physician agrees to be subject to state laws, the state judicial system, and the board with respect to providing medical services to state residents.
(e) For the purposes of this section, telehealth means the practice of medicine as defined in section 147.081, subdivision 3, when the physician is not in the physical presence of the patient.
Subd. 2.
Exemptions from registration.
A physician who is not licensed to practice medicine in this state, but who holds a valid license to practice medicine in another state or jurisdiction, and who provides interstate telehealth services to a patient located in this state is not subject to the registration requirement of subdivision 1, paragraph (a), clause (4), if:
(1) the services are provided in response to an emergency medical condition. For the purposes of this section, an emergency medical condition means a condition, including emergency labor and delivery, that manifests itself by acute symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any body organ or part;
(2) the services are provided on an irregular or infrequent basis. For the purposes of this section, a person provides services on an irregular or infrequent basis if the person provides the services less than once a month or provides the services to fewer than ten patients annually; or
(3) the physician provides interstate telehealth services in this state in consultation with a physician licensed in this state and the Minnesota physician retains ultimate authority over the diagnosis and care of the patient.
Subd. 3.
Notification to other states.
The board shall obtain confirmation of licensure from all states and jurisdictions in which a physician registered under subdivision 1 has ever been licensed to verify statements made by the physician and to be notified if any future adverse action is taken against the physician's license in another state or jurisdiction. This requirement does not replace the reporting obligation under section 147.111.
Subd. 4.
Health records.
A physician who provides interstate telehealth services to a patient located in this state must comply with sections 144.291 to 144.298 with respect to the provision of those services.
History:
2002 c 361 s 1; 2007 c 147 art 10 s 15; 1Sp2021 c 7 art 6 s 28