| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 375Introduced by Assembly Member NguyenFebruary 03, 2025 An act to amend Section 2290.5 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 375, as introduced, Nguyen. Medical Practice Act: health care providers: qualified autism service paraprofessionals.Existing law, the Medical Practice Act, establishes the Medical Board of California and charges it with administrative and enforcement duties related to the provision of medical services under the act. Existing law establishes requirements for the delivery of medical services, including via telehealth by specified health care providers. A violation of the act is a crime.Under existing law, a health care provider, for purpose of the act, includes a qualified autism service provider or a qualified autism service professional that is certified by a national entity, as specified.This bill would expand that definition of health care provider to also include a qualified autism service paraprofessional. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2290.5 of the Business and Professions Code is amended to read:2290.5. (a) For purposes of this division, the following definitions apply:(1) Asynchronous store and forward means the transmission of a patients medical information from an originating site to the health care provider at a distant site.(2) Distant site means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.(3) Health care provider means any of the following:(A) A person who is licensed under this division.(B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3.(C) A qualified autism service provider or provider, a qualified autism service professional professional, or a qualified autism service paraprofessional certified by a national entity pursuant to Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(D) An associate clinical social worker functioning pursuant to Section 4996.23.2.(E) An associate professional clinical counselor or clinical counselor trainee functioning pursuant to Section 4999.46.3.(4) Originating site means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.(5) Synchronous interaction means a real-time interaction between a patient and a health care provider located at a distant site.(6) Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.(b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.(c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.(e) This section does not alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.(f) All laws regarding the confidentiality of health care information and a patients rights to the patients medical information shall apply to telehealth interactions.(g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care providers license shall apply to that health care provider while providing telehealth services.(h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.(i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).(3) For the purposes of this subdivision, telehealth shall include telemedicine as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 375Introduced by Assembly Member NguyenFebruary 03, 2025 An act to amend Section 2290.5 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 375, as introduced, Nguyen. Medical Practice Act: health care providers: qualified autism service paraprofessionals.Existing law, the Medical Practice Act, establishes the Medical Board of California and charges it with administrative and enforcement duties related to the provision of medical services under the act. Existing law establishes requirements for the delivery of medical services, including via telehealth by specified health care providers. A violation of the act is a crime.Under existing law, a health care provider, for purpose of the act, includes a qualified autism service provider or a qualified autism service professional that is certified by a national entity, as specified.This bill would expand that definition of health care provider to also include a qualified autism service paraprofessional. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 375 |
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| 15 | 15 | | Introduced by Assembly Member NguyenFebruary 03, 2025 |
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| 17 | 17 | | Introduced by Assembly Member Nguyen |
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| 18 | 18 | | February 03, 2025 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 2290.5 of the Business and Professions Code, relating to healing arts. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 375, as introduced, Nguyen. Medical Practice Act: health care providers: qualified autism service paraprofessionals. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law, the Medical Practice Act, establishes the Medical Board of California and charges it with administrative and enforcement duties related to the provision of medical services under the act. Existing law establishes requirements for the delivery of medical services, including via telehealth by specified health care providers. A violation of the act is a crime.Under existing law, a health care provider, for purpose of the act, includes a qualified autism service provider or a qualified autism service professional that is certified by a national entity, as specified.This bill would expand that definition of health care provider to also include a qualified autism service paraprofessional. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 29 | 29 | | |
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| 30 | 30 | | Existing law, the Medical Practice Act, establishes the Medical Board of California and charges it with administrative and enforcement duties related to the provision of medical services under the act. Existing law establishes requirements for the delivery of medical services, including via telehealth by specified health care providers. A violation of the act is a crime. |
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| 31 | 31 | | |
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| 32 | 32 | | Under existing law, a health care provider, for purpose of the act, includes a qualified autism service provider or a qualified autism service professional that is certified by a national entity, as specified. |
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| 33 | 33 | | |
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| 34 | 34 | | This bill would expand that definition of health care provider to also include a qualified autism service paraprofessional. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program. |
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| 35 | 35 | | |
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| 36 | 36 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 37 | 37 | | |
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| 38 | 38 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 39 | 39 | | |
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| 40 | 40 | | ## Digest Key |
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| 41 | 41 | | |
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| 42 | 42 | | ## Bill Text |
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| 44 | 44 | | The people of the State of California do enact as follows:SECTION 1. Section 2290.5 of the Business and Professions Code is amended to read:2290.5. (a) For purposes of this division, the following definitions apply:(1) Asynchronous store and forward means the transmission of a patients medical information from an originating site to the health care provider at a distant site.(2) Distant site means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.(3) Health care provider means any of the following:(A) A person who is licensed under this division.(B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3.(C) A qualified autism service provider or provider, a qualified autism service professional professional, or a qualified autism service paraprofessional certified by a national entity pursuant to Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(D) An associate clinical social worker functioning pursuant to Section 4996.23.2.(E) An associate professional clinical counselor or clinical counselor trainee functioning pursuant to Section 4999.46.3.(4) Originating site means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.(5) Synchronous interaction means a real-time interaction between a patient and a health care provider located at a distant site.(6) Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.(b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.(c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.(e) This section does not alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.(f) All laws regarding the confidentiality of health care information and a patients rights to the patients medical information shall apply to telehealth interactions.(g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care providers license shall apply to that health care provider while providing telehealth services.(h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.(i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).(3) For the purposes of this subdivision, telehealth shall include telemedicine as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 46 | 46 | | The people of the State of California do enact as follows: |
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| 47 | 47 | | |
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| 48 | 48 | | ## The people of the State of California do enact as follows: |
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| 50 | 50 | | SECTION 1. Section 2290.5 of the Business and Professions Code is amended to read:2290.5. (a) For purposes of this division, the following definitions apply:(1) Asynchronous store and forward means the transmission of a patients medical information from an originating site to the health care provider at a distant site.(2) Distant site means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.(3) Health care provider means any of the following:(A) A person who is licensed under this division.(B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3.(C) A qualified autism service provider or provider, a qualified autism service professional professional, or a qualified autism service paraprofessional certified by a national entity pursuant to Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(D) An associate clinical social worker functioning pursuant to Section 4996.23.2.(E) An associate professional clinical counselor or clinical counselor trainee functioning pursuant to Section 4999.46.3.(4) Originating site means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.(5) Synchronous interaction means a real-time interaction between a patient and a health care provider located at a distant site.(6) Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.(b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.(c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.(e) This section does not alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.(f) All laws regarding the confidentiality of health care information and a patients rights to the patients medical information shall apply to telehealth interactions.(g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care providers license shall apply to that health care provider while providing telehealth services.(h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.(i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).(3) For the purposes of this subdivision, telehealth shall include telemedicine as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. |
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| 52 | 52 | | SECTION 1. Section 2290.5 of the Business and Professions Code is amended to read: |
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| 53 | 53 | | |
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| 54 | 54 | | ### SECTION 1. |
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| 55 | 55 | | |
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| 56 | 56 | | 2290.5. (a) For purposes of this division, the following definitions apply:(1) Asynchronous store and forward means the transmission of a patients medical information from an originating site to the health care provider at a distant site.(2) Distant site means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.(3) Health care provider means any of the following:(A) A person who is licensed under this division.(B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3.(C) A qualified autism service provider or provider, a qualified autism service professional professional, or a qualified autism service paraprofessional certified by a national entity pursuant to Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(D) An associate clinical social worker functioning pursuant to Section 4996.23.2.(E) An associate professional clinical counselor or clinical counselor trainee functioning pursuant to Section 4999.46.3.(4) Originating site means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.(5) Synchronous interaction means a real-time interaction between a patient and a health care provider located at a distant site.(6) Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.(b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.(c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.(e) This section does not alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.(f) All laws regarding the confidentiality of health care information and a patients rights to the patients medical information shall apply to telehealth interactions.(g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care providers license shall apply to that health care provider while providing telehealth services.(h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.(i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).(3) For the purposes of this subdivision, telehealth shall include telemedicine as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. |
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| 58 | 58 | | 2290.5. (a) For purposes of this division, the following definitions apply:(1) Asynchronous store and forward means the transmission of a patients medical information from an originating site to the health care provider at a distant site.(2) Distant site means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.(3) Health care provider means any of the following:(A) A person who is licensed under this division.(B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3.(C) A qualified autism service provider or provider, a qualified autism service professional professional, or a qualified autism service paraprofessional certified by a national entity pursuant to Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(D) An associate clinical social worker functioning pursuant to Section 4996.23.2.(E) An associate professional clinical counselor or clinical counselor trainee functioning pursuant to Section 4999.46.3.(4) Originating site means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.(5) Synchronous interaction means a real-time interaction between a patient and a health care provider located at a distant site.(6) Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.(b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.(c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.(e) This section does not alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.(f) All laws regarding the confidentiality of health care information and a patients rights to the patients medical information shall apply to telehealth interactions.(g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care providers license shall apply to that health care provider while providing telehealth services.(h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.(i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).(3) For the purposes of this subdivision, telehealth shall include telemedicine as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. |
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| 59 | 59 | | |
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| 60 | 60 | | 2290.5. (a) For purposes of this division, the following definitions apply:(1) Asynchronous store and forward means the transmission of a patients medical information from an originating site to the health care provider at a distant site.(2) Distant site means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.(3) Health care provider means any of the following:(A) A person who is licensed under this division.(B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3.(C) A qualified autism service provider or provider, a qualified autism service professional professional, or a qualified autism service paraprofessional certified by a national entity pursuant to Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(D) An associate clinical social worker functioning pursuant to Section 4996.23.2.(E) An associate professional clinical counselor or clinical counselor trainee functioning pursuant to Section 4999.46.3.(4) Originating site means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.(5) Synchronous interaction means a real-time interaction between a patient and a health care provider located at a distant site.(6) Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.(b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.(c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.(e) This section does not alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.(f) All laws regarding the confidentiality of health care information and a patients rights to the patients medical information shall apply to telehealth interactions.(g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care providers license shall apply to that health care provider while providing telehealth services.(h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.(i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).(3) For the purposes of this subdivision, telehealth shall include telemedicine as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. |
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| 64 | 64 | | 2290.5. (a) For purposes of this division, the following definitions apply: |
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| 65 | 65 | | |
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| 66 | 66 | | (1) Asynchronous store and forward means the transmission of a patients medical information from an originating site to the health care provider at a distant site. |
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| 67 | 67 | | |
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| 68 | 68 | | (2) Distant site means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system. |
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| 69 | 69 | | |
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| 70 | 70 | | (3) Health care provider means any of the following: |
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| 71 | 71 | | |
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| 72 | 72 | | (A) A person who is licensed under this division. |
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| 73 | 73 | | |
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| 74 | 74 | | (B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3. |
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| 75 | 75 | | |
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| 76 | 76 | | (C) A qualified autism service provider or provider, a qualified autism service professional professional, or a qualified autism service paraprofessional certified by a national entity pursuant to Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code. |
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| 77 | 77 | | |
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| 78 | 78 | | (D) An associate clinical social worker functioning pursuant to Section 4996.23.2. |
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| 79 | 79 | | |
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| 80 | 80 | | (E) An associate professional clinical counselor or clinical counselor trainee functioning pursuant to Section 4999.46.3. |
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| 81 | 81 | | |
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| 82 | 82 | | (4) Originating site means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates. |
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| 83 | 83 | | |
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| 84 | 84 | | (5) Synchronous interaction means a real-time interaction between a patient and a health care provider located at a distant site. |
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| 85 | 85 | | |
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| 86 | 86 | | (6) Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers. |
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| 87 | 87 | | |
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| 88 | 88 | | (b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented. |
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| 89 | 89 | | |
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| 90 | 90 | | (c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth. |
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| 91 | 91 | | |
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| 92 | 92 | | (d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section. |
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| 93 | 93 | | |
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| 94 | 94 | | (e) This section does not alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. |
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| 95 | 95 | | |
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| 96 | 96 | | (f) All laws regarding the confidentiality of health care information and a patients rights to the patients medical information shall apply to telehealth interactions. |
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| 97 | 97 | | |
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| 98 | 98 | | (g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care providers license shall apply to that health care provider while providing telehealth services. |
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| 99 | 99 | | |
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| 100 | 100 | | (h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility. |
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| 101 | 101 | | |
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| 102 | 102 | | (i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. |
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| 103 | 103 | | |
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| 104 | 104 | | (2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1). |
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| 105 | 105 | | |
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| 106 | 106 | | (3) For the purposes of this subdivision, telehealth shall include telemedicine as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. |
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| 107 | 107 | | |
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| 108 | 108 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 109 | 109 | | |
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| 110 | 110 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 111 | 111 | | |
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| 112 | 112 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 113 | 113 | | |
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| 114 | 114 | | ### SEC. 2. |
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