1 of 1
HOUSE DOCKET, NO. 838 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 2254
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Smitty Pignatelli
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act reducing barriers to telehealth care.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Smitty Pignatelli3rd Berkshire1/17/2023Christopher Hendricks11th Bristol1/19/2023John Barrett, III1st Berkshire1/20/2023Bud L. Williams11th Hampden1/20/2023Josh S. Cutler6th Plymouth1/20/2023Rodney M. Elliott16th Middlesex1/25/2023Brian M. Ashe2nd Hampden1/30/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023Jason M. LewisFifth Middlesex2/17/2023 1 of 2
HOUSE DOCKET, NO. 838 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 2254
By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 2254) of
Smitty Pignatelli and others for legislation to further regulate healthcare services to a patient via
telehealth. Public Health.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act reducing barriers to telehealth care.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 112 of the General Laws is hereby amended by striking out section
25O, and inserting in place thereof the following section:-
3 Section 5O. (a) For purposes of this chapter “telehealth” shall mean the use of
4synchronous or asynchronous audio, video, electronic media or other telecommunications
5technology, including, but not limited to: (i) interactive audio-video technology; (ii) remote
6patient monitoring devices; (iii) audio-only telephone; and (iv) online adaptive interviews, for
7the purpose of evaluating, diagnosing, consulting, prescribing, treating or monitoring of a
8patient’s physical health, oral health, mental health or substance use disorder condition.
9 (b) A Physician licensed pursuant to this chapter may provide healthcare services to a
10patient via telehealth from any location within Massachusetts or outside Massachusetts, provided
11that the following conditions are met: (i) the patient is physically located in Massachusetts at the
12time the healthcare services are provided; (ii) the location from which the physician provides the 2 of 2
13services does not compromise patient confidentiality and privacy; and (iii) the location from
14which the physician provides the services does not exceed restrictions placed on the physician’s
15specific license, including but not limited to, restrictions set by the hospital, institution, clinic or
16program in which a physician licensed pursuant to section 9 of this chapter has been appointed.
17 (c) Health care services provided via telehealth shall conform to the standards of care
18applicable to services rendered in person and shall also conform to applicable federal and state
19health information privacy and security standards as well as standards for informed consent.
20 (d) Notwithstanding any provision of this chapter to the contrary, the board shall allow a
21physician licensed by the board to obtain proxy credentialing and privileging for telehealth
22services from other health care providers, as defined in section 1 of chapter 111, or facilities that
23comply with the federal Centers for Medicare and Medicaid Services’ conditions of participation
24for telehealth services.