- Counselors
- Social Workers
- Marriage and Family Therapists
- Psychologists
- Psychiatrists
- Nurses
- Medicaid Telehealth Parity Law
- Private Pay Telehealth Parity Law
- Payment Parity
- Permission for the Temporary Practice of Clinicians Licensed Outside the State
- Response to COVID-19
- Counselors
- Social Workers
- Marriage and Family Therapists
- Psychologists
- Psychiatrists
- Nurses
- Medicaid Telehealth Parity Law
- Private Pay Telehealth Parity Law
- Payment Parity
- Permission for the Temporary Practice of Clinicians Licensed Outside the State
- Response to COVID-19
Counselors
We are not aware of any specific rules and regulations of the practice of telemental health services for Counselors.
Marriage and Family Therapists
We are not aware of any specific rules and regulations of the practice of telemental health services for MFTs.
Psychologists
We are not aware of any specific rules and regulations of the practice of telemental health services for Psychologists.
Psychiatrists
“(a) Nothing in this section shall preclude any physician acting within the scope of the physician's license to practice from practicing telemedicine as defined in this section. (b) For the purposes of this section, "telemedicine" means the use of telecommunications services, including real-time video or web conferencing communication or secure web-based communication to establish a physician-patient relationship, to evaluate a patient, or to treat a patient. "Telehealth" as used in chapters 431, 432, and 432D, includes "telemedicine" as defined in this section. 2 (c) Telemedicine services shall include a documented patient evaluation, including history and a discussion of physical symptoms adequate to establish a diagnosis and to identify underlying conditions or contraindications to the treatment recommended or provided. (d) Treatment recommendations made via telemedicine, including issuing a prescription via electronic means, shall be held to the same standards of appropriate practice as those in traditional physician-patient settings that do not include a face to face visit but in which prescribing is appropriate, including on-call telephone encounters and encounters for which a follow-up visit is arranged. Issuing a prescription based solely on an online questionnaire is not a treatment for the purposes of this section and does not constitute an acceptable standard of care. For the purposes of prescribing a controlled substance, a physician-patient relationship shall be established pursuant to chapter 329. (e) All medical reports resulting from telemedicine services are part of a patient's health record and shall be made available to the patient. Patient medical records shall be maintained in compliance with all applicable state and federal requirements including privacy requirements. (f) A physician shall not use telemedicine to establish a physician-patient relationship with a patient in this State without a license to practice medicine in Hawaii. Once a provider-patient relationship is established, a patient or physician licensed in this State may use telemedicine for any purpose, including consultation with a medical provider licensed in another state, authorized by this section, or as otherwise provided by law.”
Refer to the source provided for all requirements and limitations.
Hawaii Professional Regulation/Health & Safety Online Prescribing
“Prescribing providers must have a provider-patient relationship prior to prescribing. This includes:
- A face-to-face history and appropriate physical exam to make a diagnosis and therapeutic plan;
- Discussion of diagnosis or treatment with the patient;
- Ensure the availability of appropriate follow-up care.”
Source:
HI Revised Statutes § 329-1. (Accessed Feb. 2020).
“Treatment recommendations made via telehealth, including issuing a prescription via electronic means, shall be held to the same standards of practice as traditional settings that do not include a face-to-face visit but in which prescribing is appropriate, including on-call telephone encounters and encounters for which a follow-up visit is arranged.”
“Issuing a prescription based solely on an online questionnaire is prohibited.”
“A physician-patient relationship may be established via telehealth if the patient is referred to the telehealth provider by another health care provider who has conducted an in-person consultation and has provided all pertinent patient information to the telehealth provider. Once a provider-patient relationship is established, a patient or physician licensed in Hawaii may use telehealth for any purpose, including consultation with a medical provider in another state, authorized by this section or as otherwise provided by law.”
“For the purposes of prescribing opiates or medical cannabis, a physician-patient relationship shall only be established after an in-person consultation between the prescribing physician and the patient.”
Source:
HI Revised Statutes § 453-1.3. (Accessed Feb. 2020).
“For purposes of prescribing medical cannabis, a bona fide physician-patient relationship may be established via telehealth, and a nurse-patient relationship can be established via telehealth; provided that treatment recommendations that certify a patient for the medical use of cannabis via telehealth shall be allowed only after an initial in-person consultation between the certifying physician or advanced practice registered nurse and the patient.”
Source:
HI Revised Statutes § 329-126 (Accessed Feb. 2020).
Refer to the source provided for all requirements and limitations.
Nurses
We are not aware of any specific rules and regulations of the practice of telemental health services for Nurses.
Refer to the source provided for all requirements and limitations.
Hawaii Professional Regulation/Health & Safety Online Prescribing
“Prescribing providers must have a provider-patient relationship prior to prescribing. This includes:
- A face-to-face history and appropriate physical exam to make a diagnosis and therapeutic plan;
- Discussion of diagnosis or treatment with the patient;
- Ensure the availability of appropriate follow-up care.”
Source:
HI Revised Statutes § 329-1. (Accessed Feb. 2020).
“Treatment recommendations made via telehealth, including issuing a prescription via electronic means, shall be held to the same standards of practice as traditional settings that do not include a face-to-face visit but in which prescribing is appropriate, including on-call telephone encounters and encounters for which a follow-up visit is arranged.”
“Issuing a prescription based solely on an online questionnaire is prohibited.”
“A physician-patient relationship may be established via telehealth if the patient is referred to the telehealth provider by another health care provider who has conducted an in-person consultation and has provided all pertinent patient information to the telehealth provider. Once a provider-patient relationship is established, a patient or physician licensed in Hawaii may use telehealth for any purpose, including consultation with a medical provider in another state, authorized by this section or as otherwise provided by law.”
“For the purposes of prescribing opiates or medical cannabis, a physician-patient relationship shall only be established after an in-person consultation between the prescribing physician and the patient.”
Source:
HI Revised Statutes § 453-1.3. (Accessed Feb. 2020).
“For purposes of prescribing medical cannabis, a bona fide physician-patient relationship may be established via telehealth, and a nurse-patient relationship can be established via telehealth; provided that treatment recommendations that certify a patient for the medical use of cannabis via telehealth shall be allowed only after an initial in-person consultation between the certifying physician or advanced practice registered nurse and the patient.”
Source:
Medicaid Telehealth Parity Law
Source: HI Rev Stat § 346-59.1 (2017)
[§346-59.1] Coverage for telehealth.
(a) The State's medicaid managed care and fee-for-service programs shall not deny coverage for any service provided through telehealth that would be covered if the service were provided through in-person consultation between a patient and a health care provider.
(b) Reimbursement for services provided through telehealth shall be equivalent to reimbursement for the same services provided via face-to-face contact between a health care provider and a patient. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary.
(c) There shall be no geographic restrictions or requirements for telehealth coverage or reimbursement under this section.
….
Refer to the source provided for all requirements and limitations.
Originating Site Reimbursement: According to Statute, the patient’s home and other non-medical environments are allowable originating sites for reimbursement. See statute above.
Private Pay Telehealth Parity Law
Source: HI Revised Statutes § 431:10A-116.3
431:10A-116.3 Coverage for telehealth. [Section effective January 1, 2017] (a) It is the intent of the legislature to recognize the application of telehealth as a reimbursable service by which an individual shall receive medical services from a health care provider without face-to-face contact with the health care provider.
(b) No accident and health or sickness insurance plan that is issued, amended, or renewed shall require face-to-face contact between a health care provider and a patient as a prerequisite for payment for services appropriately provided through telehealth in accordance with generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. The coverage required in this section may be subject to all terms and conditions of the plan agreed upon among the enrollee or subscriber, the insurer, and the health care provider.
(c) Reimbursement for services provided through telehealth shall be equivalent to reimbursement for the same services provided via face-to-face contact between a health care provider and a patient. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary.
….
Refer to the source provided for all requirements and limitations.
Payment Parity
Source: HI Revised Statutes § 431:10A-116.3
431:10A-116.3 Coverage for telehealth. [Section effective January 1, 2017] (a) It is the intent of the legislature to recognize the application of telehealth as a reimbursable service by which an individual shall receive medical services from a health care provider without face-to-face contact with the health care provider.
(b) No accident and health or sickness insurance plan that is issued, amended, or renewed shall require face-to-face contact between a health care provider and a patient as a prerequisite for payment for services appropriately provided through telehealth in accordance with generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. The coverage required in this section may be subject to all terms and conditions of the plan agreed upon among the enrollee or subscriber, the insurer, and the health care provider.
(c) Reimbursement for services provided through telehealth shall be equivalent to reimbursement for the same services provided via face-to-face contact between a health care provider and a patient. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary.
….
Refer to the source provided for all requirements and limitations.
Note: As this is a free resource and Rules and Regulations regarding Telehealth are always changing, we appreciate any updates or corrections. They can be emailed to us at This email address is being protected from spambots. You need JavaScript enabled to view it. with a link to the source or a citation of the rule or regulation.
Telemental health is not a separate service from mental health services. All state licensing boards require that licensed clinicians follow all the regulations for practicing under their license no matter what medium of communication is used. All licensing boards also require that clinicians only practice within the boundaries of their competence. This usually requires education, continuing education, and/or supervision in telemental health. Complete our telehealth training program to cover all the essential competencies of providing telemental health services and earn the THTC (Telemental Health Training Certificate).
Social Workers
We are not aware of any specific rules and regulations of the practice of telemental health services for Social Workers.