Idaho § 54-5714 - Interstate Telehealth - mental and behavioral health

§ 54-5714. Interstate Telehealth - mental and behavioral health

(1) For purposes of this section, a mental or behavioral health provider is a provider pursuant to section 54-5703 (4), Idaho Code, who is licensed or registered in another state, district, or territory of the United States to practice mental or behavioral health care.

(2) A mental or behavioral health provider who is not licensed in Idaho may provide telehealth services to an Idaho resident or person located in Idaho, notwithstanding any provision of law or rule to the contrary, pursuant to the requirements and limitations of this section.

(3) In addition to the other requirements of this section, a mental or behavioral health provider who engages in interstate telehealth services pursuant to this section must:

(a) Hold current, valid, and unrestricted licensure from an applicable health care licensing authority in a state, district, or territory of the United States that has substantially similar requirements for licensure as the corresponding Idaho licensing authority;

(b) Not be subject to any past or pending disciplinary proceedings, excluding any action related to nonpayment of fees related to a license;

(c) Act in full compliance with all applicable laws, rules, and regulations, including this chapter and laws and rules of the applicable Idaho licensing authority regarding such mental or behavioral health care practice;

(d) Act in compliance with any existing Idaho requirements regarding the maintenance of liability insurance;

(e) Consent to Idaho jurisdiction; and

(f) Biennially register in Idaho to provide telehealth services.

(4) The standard of care under this section shall be the Idaho community standard of care.

(5) A mental or behavioral health provider who fails to comply with applicable Idaho laws, rules, and regulations shall be subject to investigation and disciplinary action by an applicable Idaho licensing authority. Disciplinary action may include but is not limited to revoking the mental or behavioral health provider’s Idaho practice privileges, referring the matter to licensing authorities in any states where the mental or behavioral health provider possesses licensure, and civil penalties.

(6) Venue for a civil or administrative action initiated by a licensing authority or by a patient who receives telehealth services from an out-of-state mental or behavioral health provider shall be located in the patient’s county of residence or in any applicable county in Idaho.

(7) Nothing in this section shields a mental or behavioral health provider from personal jurisdiction in Idaho.

(8) Nothing in this section shields a mental or behavioral health provider from the requirements of the health insurance portability and accountability act of 1996.

(9) A licensing authority responsible for issuing licenses to provide mental or behavioral health care services in this state shall register interstate telehealth providers pursuant to this section.

(10) A licensing authority shall require an applicant for an Idaho registration to complete an application in a form prescribed by the licensing authority that demonstrates to the licensing authority that the applicant is in compliance with the provisions of this section and that such applicant consents to the requirements of this section. The licensing authority may establish an application registration fee not to exceed thirty-five ($35.00) dollars.

(11) If a licensing authority finds that grounds for discipline against a registered provider exist, such licensing authority:

(a) May impose upon the practice privileges of the registration holder any of the penalties that such licensing authority is authorized to impose;

(b) Shall promptly notify licensing authorities in any state where a provider possesses licensure of any action taken against the telehealth registration practice privileges of a licensee pursuant to this section; and

(c) May bring a civil or administrative action against such provider pursuant to subsection (6) of this section.

(12) The registration provided for in this section is not equivalent to Idaho licensure for purposes of in-person services and shall not permit a registrant to provide any in-person services in Idaho. The registration cannot be used as a basis for reciprocal licensure or full licensure in Idaho.

[54-5714, added 2023, ch. 142, sec. 1, p. 391.]