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Since the outbreak of COVID-19, many are opting for telehealth appointments rather than face-to-face doctor visits. Moving towards telehealth can offer your practice new opportunities, as you are no longer confined to serving patients within your immediate area. However, there are legal implications to implementing telehealth into your practice that you should note. This article will unpack telehealth, key regulations and how the relevant codes of conduct for healthcare professionals impact your practice.
What is Telehealth?
Telehealth can be a great alternative to a regular check-up or consultation. Patients can access a telehealth appointment with you if they have questions for a GP or other similar preliminary issues. However, this may not always be an appropriate means of assessing patients with severe illnesses or conditions, particularly where those patients require close examination. It may also be inappropriate to conduct follow-up appointments or examinations with patients who have previously come to you with an issue that requires closer inspection.
There are a few factors to keep in mind when deciding whether a telehealth appointment is a suitable way of examining your patient. Ask yourself the following:
- Do the symptoms the patient describes suggest they will need a physical examination? If so, you should opt for an in-person appointment. Even if you use technology that enables you to see your patient through a webcam, technological issues can prevent you from getting a clear picture of what is happening with your patient.
- Is your patient experiencing severe symptoms that you think will be difficult to resolve with medicine alone? If so, you may need to see the patient in person or refer them to a specialist. You should only use telehealth appointments for patients experiencing low-severity symptoms and who require a medical certificate or prescription.
- Do you believe the patient requires immediate or emergency care? In this case, a telehealth appointment is out of the question, and you must refer your patient to a hospital or emergency services.
Regulator Expectations
The Australian Health Practitioner Regulation Agency (AHPRA) and the National Boards have guidelines that govern how you should run telehealth appointments. The key expectations from the regulators are that you:
- conduct appointments in an appropriate area with access to reliable technology. You should be set up to reschedule with patients in the case of a technology issue;
- apply the same principles of culturally sensitive care as you would with any patient;
- comply with the relevant state or territory requirements when prescribing medication;
- keep appropriate patient records and make handover arrangements where necessary;
- only make prescriptions in real-time telehealth conferences, not after examining written or pre-recorded patient statements; and
- use systems that allow you to hold patient information to the same standards of confidentiality and privacy that you would a patient receiving an in-person appointment.
Likewise, there is certain information that healthcare providers must explain to their patients, including that you:
- inform your patients of what to do in the event of an issue with their technology;
- ensure your patients know they can bring others as support or as an interpreter;
- explain the alternatives to telehealth to patients as well as billing arrangements;
- ensure your patients are aware that they may need to seek further treatment beyond the telehealth appointment; and
- continually assess the suitability of telehealth for the particular patient and recommend they seek in-person treatment if appropriate.
The main thing to remember is that your telehealth patients are entitled to the same standard of care and treatment as an in-person patient.
Continue reading this article below the formCodes of Conduct
Whether for nurses, doctors or other healthcare professionals, you must follow the same codes of conduct regardless of whether you are treating in-person or telehealth patients. As such, when conferencing with patients, dealing with personal information or diagnosing and prescribing, ensure that you continue to follow the relevant code of conduct that regulates members of your profession.
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Key Takeaways
Telehealth technology can open a wide range of possibilities for medical practices. However, navigating its legalities is critical. There are several things to keep in mind when engaging in a telehealth consultation.
- Telehealth appointments are only suitable where patients do not need you to examine them physically, their symptoms are not severe, and they do not need urgent medical attention.
- Medical regulators such as AHPRA and the National Boards have set guidelines for approaching your telehealth appointments as a medical professional. These guidelines are relatively extensive, and essentially require you to apply the same standards of care and treatment as you would an in-person patient.
- You are still required to follow any codes of conduct that apply to you as a medical professional when engaging in telehealth consultations.
If you need help managing your legal obligations as a telehealth provider, our experienced healthcare lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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