AN ACT TO AMEND TITLE 24 RELATING TO PRACTICE BY TELEHEALTH AND TELEMEDICINE.
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HB 334 — AN ACT TO AMEND TITLE 24 RELATING TO PRACTICE BY TELEHEALTH AND TELEMEDICINE.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 15, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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21 sponsors
6 primary, 15 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (13 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
This bill permits health-care providers who are licensed in a state other than Delaware to deliver health-care services by telehealth and telemedicine only if a health-care provider-patient relationship has been established in accordance with § 6003 of Title 24.
Bill Text
What changed in the latest version
67 added · 30 removed67 line(s) added, 30 removed.
Bentz HOUSE& OFRep. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
2Schwartzkopf TO& HOUSERep. BILL NO.
334Heffernan AMEND& HouseRep. Bill No.
334K. by deleting lines 19 through 24 in their entirety and inserting in lieu thereof the following:
“(b)Johnson A& professionalSen. licensing board listed in subsection (a) of this section may promulgate or revise regulations and establish or revise rules applicable to health-care providers under the professional licensing board’s jurisdiction in order to facilitate the provision of telehealth and telemedicine services consistent with this chapter, including the following:
(1)S. For health-care providers licensed in a state that has adopted the applicable interstate compact for the provider’s license category, requiring a health-care provider to apply for interstate compact licensure in Delaware.
(2)McBride For& health-careSen. providers licensed in a state that has not adopted the applicable interstate compact for the provider’s license category, requiring a health-care provider to provide written notice to the applicable professional licensing board.
(c)Townsend Health-careReps. providers licensed in a state other than Delaware are authorized to deliver health-care services by telehealth and telemedicine to patients in this State subject to the provisions of this chapter only if a health-care provider- patient relationship has been established pursuant to §§ 6003-6005 of this title.” SYNOPSIS This Amendment does two things.
First,Baumbach, itBriggs addsKing, aGriffith, newMitchell, paragraphMorrison, newOsienski, subsectionMichael (c)Smith, toK. Section 6003 of Title 24 to clarify that health-care providers licensed in a state other than Delaware are authorized to deliver healthcare services by telehealth and telemedicine to patients in this State subject to the provisions of this chapter if the provider has a pre-existing provider-patient relationship that has been established in accordance with the existing statutory requirements.
TheWilliams, amendmentWilson- makesAnton; clear that the intent of House Bill No.
334Sens. is not to remove the existing flexibilities contained in Sections 6003-6005 of Title 24.
Second,Ennis, thisHansen, AmendmentMantzavinos, addsPoore, additionalSokola, clarifyingWalsh languageHOUSE toOF subsectionREPRESENTATIVES (b)151st toGENERAL SectionASSEMBLY 6003HOUSE ofBILL TitleNO. 24 to make clear that the applicable professional licensing boards for each health-care profession authorized for telehealth practice can require out-of-state providers who are licensed in a state that has adopted the applicable interstate licensure compact for the provider’s license category to apply for and seek Delaware licensure under applicable interstate medical licensure compact.
For334 health-careAN providersACT licensedTO inAMEND aTITLE state24 thatRELATING hasTO notPRACTICE adoptedBY theTELEHEALTH applicableAND interstateTELEMEDICINE. compact for the provider’s license category, the regulations can require written notice to the applicable licensing board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter, 60, Title 24 of the Delaware Code by making insertions as shown by underlines and deletions as shown by strike through as follows:
§ 6002.
Authorization to practice by telehealth and telemedicine.
(a) Health-care providers licensed by the following professional boards existing under this title are authorized to deliver health-care services by telehealth and telemedicine subject to the provisions of this chapter:
(1) The Board of Podiatry created pursuant to Chapter 5 of this title.
(2) The Board of Chiropractic created pursuant to Chapter 7 of this title.
(3) The Board of Medical Licensure and Discipline created pursuant Chapter 17 of this title.
(4) The State Board of Dentistry and Dental Hygiene created pursuant to Chapter 11 of this title.
(5) The Delaware Board of Nursing created pursuant to Chapter 19 of this title.
(6) The Board of Occupational Therapy Practice created pursuant to Chapter 20 of this title.
(7) The Board of Examiners in Optometry created pursuant to Chapter 21 of this title.
(8) The Board of Pharmacy created pursuant to Chapter 25 of this title.
(9) The Board of Mental Health and Chemical Dependency Professionals created pursuant to Chapter 30 of this title.
(10) The Board of Examiners of Psychologists created pursuant to Chapter 35 of this title.
(11) The State Board of Dietetics/Nutrition created pursuant to Chapter 38 of this title.
(12) The Board of Social Work Examiners created pursuant to Chapter 39 of this title.
(b) A professional board listed in subsection (a) of this section may promulgate or revise regulations and establish or revise rules applicable to health-care providers under the professional board’s jurisdiction in order to facilitate the provision of telehealth and telemedicine services consistent with this chapter.
MAW Page 1 of 13 Released:
05/19/202203/15/2022 12:3711:46 PMAM 2141510707(c) Health-care providers licensed in a state other than Delaware are authorized to deliver health-care services by telehealth and telemedicine to patients in this State subject to the provisions of this chapter only if a health-care provider- patient relationship has been established pursuant to § 6003 of this title.
§ 6003.
Scope of practice;
provider-patient relationship required.
(a) Except for the instances listed in this chapter, health-care providers may not deliver health-care services by telehealth and telemedicine in the absence of a health-care provider-patient relationship.
A health-care provider-patient relationship may be established either in-person or through telehealth and telemedicine but must include all of the following:
(1) Thorough verification and authentication of the location and, to the extent possible, identity of the patient.
Show all 58 changed lines (18 more)
(2) Disclosure and validation of the provider’s identity and credentials.
(3) Receipt of appropriate consent from a patient after disclosure regarding the delivery model and treatment method or limitations, including informed consent regarding the use of telemedicine technologies as required by paragraph (a)(5) of this section.
(4) Establishment of a diagnosis through the use of acceptable medical practices, such as patient history, mental status examination, physical examination (unless not warranted by the patient’s mental condition), and appropriate diagnostic and laboratory testing to establish diagnoses, as well as identification of underlying conditions or contraindications, or both, for treatment recommended or provided.
(5) Discussion with the patient of any diagnosis and supporting evidence as well as risks and benefits of various treatment options.
(6) The availability of a distant site provider or other coverage of the patient for appropriate follow-up care.
(7) A written visit summary provided to the patient.
(b) Health-care services delivered by telehealth and telemedicine may be synchronous or asynchronous using store-and-forward technology.
Telehealth and telemedicine services may be used to establish a provider-patient relationship only if the provider determines that the provider is able to meet the same standard of care as if the health-care services were being provided in-person.
(c) Treatment and consultation recommendations delivered by telehealth and telemedicine shall be subject to the same standards of appropriate practice as those in traditional (in-person encounter) settings.
In the absence of a proper health-care provider-patient relationship, health-care providers are prohibited from issuing prescriptions solely in response to an internet questionnaire, an internet consult, or a telephone consult.
SYNOPSIS This bill permits health-care providers who are licensed in a state other than Delaware to deliver health-care services by telehealth and telemedicine only if a health-care provider-patient relationship has been established in accordance with § 6003 of Title 24.
HD :
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03/15/2022 11:46 AM HD :
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03/15/2022 11:46 AM 2141510537
Show all 58 changed rows (18 more)
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The amendment modifies the requirements for health-care providers practicing telehealth in Delaware, specifically regarding the need for an interstate telehealth registration and compliance with Delaware laws.
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licensing
This change clarifies that it refers to 'professional licensing boards'.
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House Amendment No. 2 to House Bill No. 334This removal eliminates the provisions introduced by House Amendment No. 2.
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lines 19 through 24→ (b) A professional licensing board listed in subsection (a) of this section may promulgate or revise rules applicable to health-care providers under the professional licensing board’s jurisdiction in order to facilitate the provision of telehealth and telemedicine services consistent with this chapter. (c) A health-care provider licensed in a state that has not adopted an interstate compact applicable to the health- care provider may only provide telehealth under this chapter if the health-care provider obtains an interstate telehealth registration from the Division of Professional Regulation. A health-care provider is eligible for an interstate telehealth registration only if all of the following requirements are continuously met: (1) The health-care provider holds a valid, active license issued by another state’s licensing authority or board. (2) The health-care provider is licensed in good standing in all states in which the health-care provider is licensed. (3) The health-care provider is not the subject of an administrative complaint which is currently pending before another state’s licensing authority or board. (4) The health-care provider is not currently under investigation by another state’s licensing authority or board, or any authority in this State. (d) A health-care provider who obtains an interstate telehealth registration under subsection (c) of this section consents and agrees to be subject to all of the following: (1) The law of this State regarding the health-care provider’s profession in this State, including all provisions of Title 11, Title 16, and Title 24, and all regulations of this State. (2) The judicial system of this State, which includes consenting and agreeing to be subject to the personal jurisdiction of the courts of this State under Chapter 31 of Title 10. (3) All profession conduct rules and standards incorporated into the practice act for the health-care provider’s profession. (4) The jurisdiction of the applicable licensing board in this State, including the board’s complaint, investigation, and hearing process. Any discipline imposed by a licensing board in this State may be reported to the applicable National Practitioner Database, as well as to every jurisdiction in which the health-care provider holds a license.This change establishes the requirements for healthcare providers seeking to practice telehealth in Delaware, including obtaining an interstate telehealth registration.
Action History
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Signed by Governor
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Passed By House. Votes: 40 YES 1 ABSENT
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Passed By Senate. Votes: 21 YES
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Amendment SA 1 to HB 334 - Passed By Senate. Votes: 21 YES
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Amendment SA 1 to HB 334 - Introduced and Placed With Bill
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Reported Out of Committee (Health & Social Services) in Senate with 6 Favorable
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Assigned to Health & Social Services Committee in Senate
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Passed By House. Votes: 39 YES 2 ABSENT
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Amendment HA 2 to HB 334 - Passed In House by Voice Vote
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Amendment HA 1 to HB 334 - Stricken in House
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Amendment HA 2 to HB 334 - Introduced and Placed With Bill
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Reported Out of Committee (Health & Human Development) in House with 8 On Its Merits
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Amendment HA 1 to HB 334 - Introduced and Placed With Bill
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Introduced and Assigned to Health & Human Development Committee in House
Sponsors
- Bryan Townsend · Primary
- Debra Heffernan · Primary
- Kendra Johnson · Primary
- Stephanie L. Hansen · Cosponsor
- Spiros Mantzavinos · Cosponsor
- Nicole Poore · Cosponsor
- David P. Sokola · Cosponsor
- John "Jack" Walsh · Cosponsor
- Krista Griffith · Cosponsor
- Eric Morrison · Cosponsor
- Edward S. Osienski · Cosponsor
- Michael F. Smith · Cosponsor
- Kimberly Williams · Cosponsor
- Madinah Wilson-Anton · Cosponsor
- Bruce C. Ennis · Cosponsor
- John L. Mitchell · Cosponsor
- Ruth Briggs King · Cosponsor
- Paul S. Baumbach · Cosponsor
- Peter C. Schwartzkopf · Primary
- Sarah McBride · Primary
- David Bentz · Primary
Sponsorship breakdown
Export CSV (upgrade) →6 sponsors · 15 co-sponsors · 41 not signed on
Sponsors (6)
- Bryan Townsend Democratic
- Debra Heffernan Democratic
- Kendra Johnson Democratic
- Peter C. Schwartzkopf
- Sarah McBride
- David Bentz
Co-sponsors (15)
- Stephanie L. Hansen Democratic
- Spiros Mantzavinos Democratic
- Nicole Poore Democratic
- David P. Sokola Democratic
- John "Jack" Walsh Democratic
- Krista Griffith Democratic
- Eric Morrison Democratic
- Edward S. Osienski Democratic
- Michael F. Smith Republican
- Kimberly Williams Democratic
- Madinah Wilson-Anton Democratic
- Bruce C. Ennis
- John L. Mitchell
- Ruth Briggs King
- Paul S. Baumbach
Not signed on (41)
41 members have not signed on to this bill.
Show all 41 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 0 |
| Democratic | 15 | 0 | 0 | 1 |
| Republican | 12 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Yea |
| Colin Bonini | — | Yea |
| Ernesto B Lopez | — | Yea |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 2 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 12 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 334 do?
- This bill permits health-care providers who are licensed in a state other than Delaware to deliver health-care services by telehealth and telemedicine only if a health-care provider-patient relationship has been established in accordance with § 6003 of Title 24.
- Who sponsors HB 334?
- HB 334 is sponsored by Bryan Townsend (Democratic), Debra Heffernan (Democratic), Kendra Johnson (Democratic), Stephanie L. Hansen (Democratic), Spiros Mantzavinos (Democratic), Nicole Poore (Democratic), David P. Sokola (Democratic), John "Jack" Walsh (Democratic), Krista Griffith (Democratic), Eric Morrison (Democratic), Edward S. Osienski (Democratic), Michael F. Smith (Republican), Kimberly Williams (Democratic), Madinah Wilson-Anton (Democratic), Bruce C. Ennis, John L. Mitchell, Ruth Briggs King, Paul S. Baumbach, Peter C. Schwartzkopf, Sarah McBride, and David Bentz.
- What is the current status of HB 334?
- This bill has been enacted into law. Introduced March 15, 2022. Enacted.
- Where can I track HB 334?
- Track HB 334 free on One Click Politics — get push/email alerts when it moves.
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