2017 New York Laws
PBH - Public Health
Article 29-G - Telehealth Delivery of Services
2999-CC - Definitions.

  2999-cc.  Definitions. As used in this article, the following terms
  shall have the following meanings:
1. "Distant site" means a site  at  which  a  telehealth  provider  is
  located while delivering health care services by means of telehealth.
2. "Telehealth provider" means:
(a) a physician licensed pursuant to article one hundred thirty-one of
  the education law;
(b)  a  physician  assistant  licensed pursuant to article one hundred
  thirty-one-B of the education law;
(c) a dentist licensed pursuant to article one hundred thirty-three of
  the education law;
(d) a nurse practitioner licensed  pursuant  to  article  one  hundred
  thirty-nine of the education law;
(e)  a  registered professional nurse licensed pursuant to article one
  hundred thirty-nine of  the  education  law  only  when  such  nurse  is
  receiving  patient-specific  health  information  or  medical  data at a
  distant site by means of remote patient monitoring;
(f) a podiatrist licensed pursuant to article one hundred forty-one of
  the education law;
(g)  an  optometrist  licensed  pursuant  to   article   one   hundred
  forty-three of the education law;
(h)   a   psychologist   licensed  pursuant  to  article  one  hundred
  fifty-three of the education law;
(i)  a  social  worker  licensed  pursuant  to  article  one   hundred
  fifty-four of the education law;
(j)  a speech language pathologist or audiologist licensed pursuant to
  article one hundred fifty-nine of the education law;
(k) a midwife licensed pursuant to article one hundred  forty  of  the
  education law;
(l)  a  physical  therapist  licensed  pursuant to article one hundred
  thirty-six of the education law;
(m) an occupational therapist licensed pursuant to article one hundred
  fifty-six of the education law;
(n) a person who is certified as a diabetes educator by  the  National
  Certification  Board  for  Diabetes  Educators,  or a successor national
  certification  board,  or  provided  by  such  a  professional  who   is
  affiliated   with   a   program   certified  by  the  American  Diabetes
  Association, the American Association of Diabetes Educators, the  Indian
  Health  Services,  or  any  other  national  accreditation  organization
  approved by the federal centers for medicare and medicaid services;
(o) a person who is certified as an asthma educator  by  the  National
  Asthma   Educator   Certification   Board,   or   a  successor  national
  certification board;
(p) a person who is certified as a genetic counselor by  the  American
  Board  of  Genetic  Counseling,  or  a  successor national certification
  board;
(q) a hospital as defined in article twenty-eight of this chapter;
(r) a home care services agency as defined in  article  thirty-six  of
  this chapter;
(s) a hospice as defined in article forty of this chapter; and
(t)  any  other provider as determined by the commissioner pursuant to
  regulation.
3. "Originating site" means a site at which a patient  is  located  at
  the  time  health  care services are delivered to him or her by means of
  telehealth. Originating sites shall be limited  to  facilities  licensed
  under  articles  twenty-eight  and  forty of this chapter, facilities as
  defined in subdivision six of section 1.03 of the  mental  hygiene  law,
  private physician's or dentist's offices located within the state of New

  York,  any  type  of  adult  care  facility  licensed under title two of
  article seven of the social services law,; public, private  and  charter
  elementary  and  secondary  schools, school age child care programs, and
  child day care centers within the state of New York; and, when a patient
  is receiving health care services by means of remote patient monitoring,
  the patient's place of residence located within the state of New York or
  other  temporary  location  located  within  or outside the state of New
  York.
4.  "Telehealth"  means  the  use  of   electronic   information   and
  communication  technologies  by  telehealth  providers to deliver health
  care  services,  which  shall   include   the   assessment,   diagnosis,
  consultation,    treatment,    education,    care    management   and/or
  self-management of a patient. Telehealth shall not include  delivery  of
  health  care  services  by  means of audio-only telephone communication,
  facsimile machines, or electronic messaging alone, though use  of  these
  technologies  is not precluded if used in conjunction with telemedicine,
  store and forward technology, or remote patient monitoring. For purposes
  of this section, telehealth shall be limited to telemedicine, store  and
  forward  technology,  and  remote  patient  monitoring. This subdivision
  shall not preclude the delivery of health  care  services  by  means  of
  "home telehealth" as used in section thirty-six hundred fourteen of this
  chapter.
5.  "Telemedicine"  means  the  use of synchronous, two-way electronic
  audio visual communications to deliver clinical  health  care  services,
  which  shall  include  the  assessment,  diagnosis,  and  treatment of a
  patient, while such patient is at the originating site and a  telehealth
  provider is at a distant site.
6.  "Store  and forward technology" means the asynchronous, electronic
  transmission  of  a  patient's  health  information  in  the   form   of
  patient-specific  digital  images  and/or  pre-recorded  videos  from  a
  provider at an originating site to a telehealth provider  at  a  distant
  site.
7.  "Remote  patient  monitoring"  means  the  use  of  synchronous or
  asynchronous electronic information and  communication  technologies  to
  collect  personal  health information and medical data from a patient at
  an originating site that is transmitted to a telehealth  provider  at  a
  distant  site  for  use  in  the  treatment  and  management  of medical
  conditions that  require  frequent  monitoring.  Such  conditions  shall
  include,  but  not  be  limited  to, congestive heart failure, diabetes,
  chronic obstructive pulmonary disease, wound care, polypharmacy,  mental
  or behavioral problems, and technology-dependent care such as continuous
  oxygen,  ventilator care, total parenteral nutrition or enteral feeding.
  Remote patient monitoring shall  be  ordered  by  a  physician  licensed
  pursuant to article one hundred thirty-one of the education law, a nurse
  practitioner licensed pursuant to article one hundred thirty-nine of the
  education  law,  or  a  midwife licensed pursuant to article one hundred
  forty of the education law, with which the patient has a substantial and
  ongoing relationship.