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Committee narrows draft virtual-care regulations; members press for clearer initial-visit disclosures
Summary
Committee reviewed draft rules for virtual care excluding AI provisions. Staff clarified that many initial-visit disclosures are required prior to first telehealth encounters and proposed exceptions for unplanned telehealth in emergencies; members urged plain-language requirements, clearer written documentation, and post-encounter follow-up where appropriate.
Staff presented a revised draft regulation on minimum standards for virtual care and telehealth, removing earlier AI-related language and focusing on practice, disclosures and patient safety. The draft clarifies that the specific disclosure items listed in subsection C1 are intended for the initial patient visit, not every subsequent encounter.
The committee discussed reasonable accommodations for unplanned telehealth encounters—situations in which delaying care to complete full disclosures would pose a safety risk. Staff proposed allowing abbreviated disclosures in those cases and requiring appropriate follow-up documentation. Members asked that the rule require clear post-contact follow-up (for example, a written summary within a specified time window) after unplanned emergency telehealth interactions.
Members also recommended clearer plain-language organization so licensees could readily identify initial-visit requirements versus ongoing-visit obligations. Several members expressed discomfort with allowing only verbal consent in some circumstances, noting the risk that verbal acknowledgements create documentation gaps. Staff said the governing statute allows verbal or written consent for telehealth, so regulations must remain consistent with statute even if the committee tightens operational guidance.
Other items discussed included instructions for patients on device setup and notification about whether the licensee actively monitors submitted device data. Staff said they will refine the draft to make the initial-visit language more prominent, add guidance on post-encounter documentation for unplanned telehealth care, and coordinate cross-references to telehealth provisions in the Business and Professions Code.
