Oklahoma § 36-6802 - See the following versions:

§ 36-6802. See the following versions:

OS 36-6802v1 (SB 673, Laws 2021, c. 293, § 1).

OS 36-6802v2 (HB 2120, Laws 2021, c. 549, § 1).

§36-6802v1. Telemedicine defined.

As used in the Oklahoma Telemedicine Act, "telemedicine" means

technology-enabled health and care management and delivery systems

that extend capacity and access, which includes:

a.

synchronous mechanisms, which may include live

audiovisual interaction between a patient and a health

care professional or real-time provider to provider

consultation through live interactive audiovisual

means,

b.

asynchronous mechanisms, which include store and

forward transfers, online exchange of health

information between a patient and a health care

professional and online exchange of health information

between health care professionals, but shall not

include the use of automated text messages or

automated mobile applications that serve as the sole

interaction between a patient and a health care

professional,

c.

remote patient monitoring, and

d.

other electronic means that support clinical health

care, professional consultation, patient and

professional health-related education, public health

and health administration.

Added by Laws 1997, c. 209, § 2, eff. July 1, 1997. Amended by Laws

2009, c. 148, § 6, eff. Nov. 1, 2009; Laws 2021, c. 293, § 1, eff.

Nov. 1, 2021.

§36-6802v2. Definitions.

As used in the Oklahoma Telemedicine Act:

1. "Distant site" means a site at which a health care

professional licensed to practice in this state is located while

providing health care services by means of telemedicine;

2.

a.

"Health benefits plan" means any plan or arrangement

that:

(1) provides benefits for medical or surgical

expenses incurred as a result of a health

condition, accident or illness, and

(2) is offered by any insurance company, group

hospital service corporation or health

maintenance organization that delivers or issues

for delivery an individual, group, blanket or

Oklahoma Statutes - Title 36. Insurance

franchise insurance policy or insurance

agreement, a group hospital service contract or

an evidence of coverage, or, to the extent

permitted by the Employee Retirement Income

Security Act of 1974, 29 U.S.C., Section 1001 et

seq., by a multiple employer welfare arrangement

as defined in Section 3 of the Employee

Retirement Income Security Act of 1974, or any

other analogous benefit arrangement, whether the

payment is fixed or by indemnity,

b.

Health benefits plan shall not include:

(1) a plan that provides coverage:

(a) only for a specified disease or diseases or

under an individual limited benefit policy,

(b) only for accidental death or dismemberment,

(c) only for dental or vision care,

(d) for a hospital confinement indemnity policy,

(e) for disability income insurance or a

combination of accident-only and disability

income insurance, or

(f) as a supplement to liability insurance,

(2) a Medicare supplemental policy as defined by

Section 1882(g)(1) of the Social Security Act (42

U.S.C., Section 1395ss),

(3) workers' compensation insurance coverage,

(4) medical payment insurance issued as part of a

motor vehicle insurance policy,

(5) a long-term care policy including a nursing home

fixed indemnity policy, unless a determination is

made that the policy provides benefit coverage so

comprehensive that the policy meets the

definition of a health benefits plan,

(6) short-term health insurance issued on a

nonrenewable basis with a duration of six (6)

months or less, or

(7) a plan offered by the Employees Group Insurance

Division of the Office of Management and

Enterprise Services;

3. "Health care professional" means a physician or other health

care practitioner licensed, accredited or certified to perform

specified health care services consistent with state law;

4. "Insurer" means any entity providing an accident and health

insurance policy in this state including, but not limited to, a

licensed insurance company, a not-for-profit hospital service and

medical indemnity corporation, a fraternal benefit society, a

multiple employer welfare arrangement or any other entity subject to

regulation by the Insurance Commissioner;

Oklahoma Statutes - Title 36. Insurance

5. "Originating site" means a site at which a patient is

located at the time health care services are provided to him or her

by means of telemedicine, which may include, but shall not be

restricted to, a patient's home, workplace or school;

6. "Remote patient monitoring services" means the delivery of

home health services using telecommunications technology to enhance

the delivery of home health care including monitoring of clinical

patient data such as weight, blood pressure, pulse, pulse oximetry,

blood glucose and other condition-specific data, medication

adherence monitoring and interactive video conferencing with or

without digital image upload;

7. "Store and forward transfer" means the transmission of a

patient's medical information either to or from an originating site

or to or from the health care professional at the distant site, but

does not require the patient being present nor must it be in real

time; and

8. "Telemedicine" or "telehealth" means technology-enabled

health and care management and delivery systems that extend capacity

and access, which includes:

a.

synchronous mechanisms, which may include live

audiovisual interaction between a patient and a health

care professional or real-time provider-to-provider

consultation through live interactive audiovisual

means,

b.

asynchronous mechanisms, which include store and

forward transfers, online exchange of health

information between a patient and a health care

professional and online exchange of health information

between health care professionals, but shall not

include the use of automated text messages or

automated mobile applications that serve as the sole

interaction between a patient and a health care

professional,

c.

remote patient monitoring, and

d.

other electronic means that support clinical health

care, professional consultation, patient and

professional health-related education, public health

and health administration.

Added by Laws 1997, c. 209, § 2, eff. July 1, 1997. Amended by Laws

2009, c. 148, § 6, eff. Nov. 1, 2009; Laws 2021, c. 420, § 1, eff.

Nov. 1, 2021; Laws 2021, c. 549, § 1, eff. Jan. 1, 2022.