2015 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 329 - PHYSICIANS AND SURGEONS
Section 329:1-d - Telemedicine.

[RSA 329:1-d effective September 11, 2015, except for paragraph VI, which is effective July 6, 2015 at 12:01 a.m.]     329:1-d Telemedicine. –
    I. "Telemedicine'' means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. "Telemedicine'' shall not include the use of audio-only telephone or facsimile.
    II. An out-of-state physician providing services by means of telemedicine shall be deemed to be in the practice of medicine and shall be required to be licensed under this chapter. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II.
    III. It shall be unlawful for any person to prescribe by means of telemedicine a controlled drug classified in schedule II through IV.
    IV. (a) The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating patients at a state designated community mental health center pursuant to RSA 135-C or at a Substance Abuse and Mental Health Services Administration (SAMHSA)-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug. Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.
       (b) The prescribing of an opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating patients at a SAMHSA-certified state opioid treatment program. Such prescription authority shall require an initial in-person exam by a practitioner licensed to prescribe the drug and subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and opioid, but not less than annually.
    V. A physician providing services by means of telemedicine directly to a patient shall:
       (a) Use the same standard of care as used in an in-person encounter;
       (b) Maintain a medical record; and
       (c) Subject to the patient's consent, forward the medical record to the patient's primary care or treating provider, if appropriate.
    VI. Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.

Source. 2015, 246:6, eff. Sept. 11, 2015 except par. VI eff. July 6, 2015 at 12:01 a.m.