§ 3–1201.05. Telehealth.

(a) A health professional licensed, registered, or certified in the District pursuant to this chapter may provide a telehealth service to a District resident or person located in the District if doing so is:

(1) Consistent with the applicable standard of care in the District and the health professional's scope of authorized practice in the District; and

(2) Not otherwise prohibited by law or regulation.

(b) A practitioner-patient or practitioner-client relationship may be established through telehealth in accordance with the appropriate standard of care and the practitioner's competence and scope of practice; provided, that the Mayor may through rulemaking issue additional requirements for specific health professionals to establish a practitioner-client relationship, including an initial in-person physical examination.

(c)(1) A health professional who provides a telehealth service shall do so in a manner consistent with the standard of care applicable to a health professional who provides a comparable health care service in person in the District.

(2) The professional practice standards, rules, and laws applicable to the provision of healthcare services, including those related to identity verification, documentation, informed consent, confidentiality, privacy, and security shall apply to the provision of telehealth services.

(d) A health professional providing telehealth services who is authorized to prescribe medications shall comply with Chapter 8G of Title 48, and all District or federal laws and rules related to prescription and controlled substances.

(e) Except as otherwise provided in subsection (f) of this section, a practitioner who does not hold a license, registration, or certification to practice in the District pursuant to this chapter may not provide a telehealth service to a client or patient physically located in the District unless the practitioner and the client or patient have an existing practitioner-client or practitioner-patient relationship and:

(1) The client or patient is temporarily present in the District; or

(2) The client or patient is a District resident and the telehealth services provided do not exceed 120 days or a longer period of time as determined by the Mayor through rulemaking.

(f) Nothing in this section shall be construed to conflict with interstate reciprocity agreements or occupational licensure interstate compacts entered into by the District.