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Board authorizes 15‑day comment period and updates responses to telehealth regulation comments
Summary
The board approved staff responses to public comments and authorized a 15‑day public comment period for revised telehealth regulations that add HIPAA/HITECH clarifications and other language changes; the package passed on a roll call vote.
The Board of Behavioral Sciences approved proposed changes to its telehealth regulations and authorized staff to publish the revised text for a 15‑day public comment period.
Regulatory manager Christy Berger presented staff responses to public comments received after the February 2024 notice. The board accepted changes clarifying that the telehealth technology, method and equipment must comply with federal and state privacy, confidentiality and security laws (including HIPAA and related requirements) and added concrete examples and definitions to guide practitioners. Staff recommended declining to extend the regulations to patient contacts by applicants who have not yet been issued associate registrations (staff cited the statutory definition of ‘‘health care provider’’) and recommended not adding special regulatory language for those using the 30‑day temporary practice allowance because that allowance already binds temporary practitioners to California law.
Board members approved the recommended responses and the revised regulatory text as presented, authorized a 15‑day public comment period and authorized the executive officer to make non‑substantive changes and complete rulemaking steps if no adverse comments are received. The motion passed on roll call; recorded ‘‘yes’’ votes included Annette Walker, Eleanor Uribe, Susan Friedman, John Sovick, Wendy Strack, Christopher Jones, Justin Huff and Abigail Ortega.
Staff said they will proceed with the rulemaking package and noted the revisions borrow language used by other healing‑arts boards to align telehealth security expectations with federal laws.
