Legal and professional obligations for medical practitioners using telehealth

Telehealth vs virtual care

Telehealth refers to consultations between a patient and medical practitioner that are conducted using technology, rather than face to face. These can be performed using video, phone or the internet, and include sharing digital images or data, and prescribing medicines or other treatments remotely.

Virtual care is a broader term referring to health services delivered through digital channels such as video conferencing, telephone, remote monitoring, websites, and mobile apps.

When to use telehealth services

AHPRA and the National Boards support the responsible and safe use of telehealth. Practitioners may use telehealth if:

• they are appropriately skilled and competent;
• it is safe and clinically appropriate for the health service being provided; and
• it is suitable for the patient.

However, practitioners must be cautious, as the same professional standards apply to telehealth as to face-to-face care.

Professional obligations and telehealth

There are several key factors for practitioners to consider so as to ensure safe and effective delivery of health services, as telehealth is not suitable for all consultations.

• At the start of a consultation, a practitioner should confirm the patient's identity, explain what to expect, and outline any technology limitations that may arise.
• Throughout the provision of care, a practitioner should continuously assess whether telehealth remains clinically appropriate, as the lack of in-person interaction can affect care quality.
• Prescribing via telehealth may not always be appropriate; practitioners should take care to comply with all relevant state and territory laws.
• A practitioner needs to understand how the platform they are using captures, stores, and uses the patient's information, to maintain privacy.
• Practitioners should keep clear, accurate records of telehealth consultations, in line with their professional and legal requirements.
• Before offering telehealth, practitioners should confirm that their professional indemnity insurance covers these services.

Key takeaways

If you are a medical practitioner undertaking consultations via telehealth:

• first, assess whether telehealth is safe and clinically appropriate for each patient.
• understand the telehealth platform you are using, especially how it captures and stores information, to protect the privacy of your patients.
• follow the same professional standards and obligations that apply to face-to-face consultations.
• confirm with your professional indemnity insurer that telehealth services are covered under your policy.