LEGISLATIVE, LEGAL AND POLICY ISSUES IN TELEMEDICINE & TELEHEALTH

State and U.S. Territory Telemedicine Legislative Summary

2001 State Telemedicine Legislative Summary

by Glenn Wachter, April 24, 2001

Summary

This summary examined each state's legislature during the first two weeks of April 2001, and found numerous bills relating-or at least mentioning-telemedicine. By searching the online legislative Web sites of each state, TIE staff found that nearly eighty telemedicine bills were being considered. Of those eighty bills, only fourteen have thus far been enacted into law. Since any legislature considers far more bills than it can (or intends) to enact into law, the majority of this 80 are unlikely to pass before any given state's legislative session concludes. However, there is value in bringing all introduced bills forward, since they provide a picture of what kinds of telemedicine policies are being considered in each state. Highlights of passed and potential legislation are provided below.

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Passed legislation

A few states have passed considerable appropriations for the development of telemedicine and telepharmacy programs in their states. Among them are Arizona (HB 2553, HB 2250) and Utah (HB 89, SB3). Utah is not alone in pushing some telepharmacy programs, yet it seems to be an application that may be taking seed. Utah's legislature made an appropriation of $150,000 to support the establishment operation and oversight of a telepharmacy, and another $435,000 is available for telemedicine and telepharmacy programs.

Thus far, three states adopted provisions related to health care practitioners. Idaho (HB90) passed a bill that added a telemedicine definition to the veterinary practice statutes, while New Mexico (SB 566) joined the majority of states that now have restrictive telemedicine licensure statutes. New Mexico's law now requires a full license for every practitioner that renders an opinion or treats a patient via "electronic, telephonic, or other means..." Nebraska passed an interesting bill that now permits physician assistants to be supervised via telecommunication systems.

Other important bills that have been enacted into law thus far, are Arizona's HB 2238 that sets aside $250,000 in tobacco tax funds to pay for telemedicine pilot programs. Kentucky (HB 95) established the Kentucky Telehealth Board to oversee the state's telehealth activities. New Mexico also passed a telecommunications funding bill (SB 532) that recognizes the importance of telecommunication infrastructure, of which telemedicine is one application.

Not specifically related to telemedicine, but still within the realm of health care technology, TIE found that several states are considering electronic signature and electronic medical record bills. Colorado passed one such bill (HB 1138), which specified rules for use of electronic or digital signatures. Idaho passed a bill (SB 114) that encourages hospitals to adopt electronic patient records to speed up administrative processes.

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Legislation on the horizon

After receiving their "first reading" or introduction into the legislature bills are then theoretically assigned to germane committees for public hearings and work sessions. For a number of reasons, most bills never make it out of committee. A few highlights of bills still in committee are provided below.

Three states are considering licensure bills being, including: Montana, Pennsylvania and West Virginia. In Florida, a rumor again surfaced in March 2001 that a restrictive licensure bill would be passed, driven primarily by the radiology lobby. There isn't yet any bill introduced, however, between now and the end of Florida's legislative session (5/4/01), a floor amendment (or some other procedural mechanism) of some restrictive licensure language may occur. A similar tactic was attempted in the 2000 legislative session.

There are many appropriation and funding bills being presently considered by states. Arizona may pass an appropriation measure that funds a school telemedicine program $100,000. The Hawaii statehouse may pass a $500,000 appropriation, which would be earmarked for geriatric research and require identification of how telemedicine technology might be used. Similarly, Illinois may approve $500,000 expenditure for the development of a telemedicine network. Illinois may also pass a bill that creates a quasi-governmental body to manage those funds, creating the Rural Illinois Technology Program. A few states, such as Hawaii and Texas, are also contemplating passing laws that require their state Medicaid programs to reimburse telemedicine care.

Finally, quite innovative among states this year is a bill that has been taken up by the Tennessee legislature, which would establish regulations for the use of telemedicine. This bill includes language that directs telemedicine practitioners to obtain patient consent prior to a consultation, and lays out specific provisions.

Check back on the TIE regularly as the legislative season progresses, as bills that become law and newly introduced legislation will be periodically updated.

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Page last updated on Wednesday, June 18, 2003