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Arizona General Telehealth Law

Definitions

"Telemedicine" means the practice of health care delivery, diagnosis, consultation and treatment and the transfer of medical data through interactive audio, video or data communications that occur in the physical presence of the patient, including audio or video communications sent to a health care provider for diagnostic or treatment consultation.

"Health care provider" means a person licensed pursuant to title 32, chapter:

7: Podiatry

13: Medicine and Surgery: Physicians

14: Naturopathic Medicine

15: Nursing

17: Osteopathic Physicians

18: Pharmacy

19.1: Psychologists

25: Physician Assistants

28: Radiology Technicians

29: Homeopathic Physicians 

33: Behavioral Health Professionals

Informed Consent

Before a health care provider delivers health care through telemedicine, the treating health care provider shall obtain verbal or written informed consent from the patient or the patient's health care decision maker.  If the informed consent is obtained verbally, the health care provider shall document the consent on the patient's medical record.

The consent requirements do not apply:

    • If the telemedicine interaction does not take place in the physical presence of the patient.
    • In an emergency situation in which the patient or the patient's health care decision maker is unable to give informed consent.
    • To the transmission of diagnostic images to a health care provider serving as a consultant or the reporting of diagnostic test results by that consultant.

Medical Records and Confidentiality

The patient is entitled to all existing confidentiality protections.  See Arizona Medical Records.

All medical reports resulting from a telemedicine consultation are part of a patient's medical record.

Dissemination of any images or information identifiable to a specific patient for research or educational purposes shall not occur without the patient's consent, unless authorized by state or federal law.

Reference

A.R.S. § 36-3601

A.R.S. § 36-3602

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