Delaware Telehealth Laws

Does Delaware have a telehealth registration for out-of-state clinicians?

Lets an out-of-state provider in good standing everywhere licensed, with no pending complaint or investigation, deliver telehealth to Delaware patients once a provider-patient relationship meets Delaware's statutory standard. Registrants submit to Delaware law, courts and board discipline.

• Name: Interstate telehealth registration
• Who can use it: Health care providers licensed in another state that has not adopted an interstate compact applicable to them in which Delaware participates

Citation: 24 Del. C. § 6002(c)-(d)

When can an out-of-state clinician treat Delaware patients without a Delaware license?

Telehealth may occur without a provider-patient relationship for unpaid informal consultation, uncompensated emergency or disaster help, episodic consultation by an out-of-state specialist at a licensed professional's request, or when an in-person visit first is impractical. Out-of-state mental and behavioral health providers and social workers have a separate pathway.

• Exception for consultation with a licensed physician

Citation: 24 Del. C. § 6005

Can a patient relationship start by telehealth in Delaware?

A relationship may be established in person or by telehealth, synchronous or asynchronous store and forward, if the provider can meet the in-person standard of care. It requires location and identity verification, credential disclosure, informed consent, a diagnosis, discussion of options, follow-up coverage and a written visit summary.

• Asynchronous care can establish the relationship

Citation: 24 Del. C. § 6003(a)-(b)

Does Delaware require telehealth consent?

Establishing a relationship by telehealth requires the patient's consent after disclosure of the delivery model and treatment limits, including informed consent to the use of telemedicine technologies.

• Consent required

Citation: 24 Del. C. § 6003(a)(3)

What limits does Delaware put on prescribing by telehealth?

Without a proper provider-patient relationship, prescriptions may not be issued solely in response to an internet questionnaire, internet consult or telephone consult. Before diagnosis and treatment the provider must examine in person, have a Delaware licensee present with the patient, diagnose by audio or visual communication, or meet professional society telemedicine guidelines.

• Questionnaire-only prescribing is prohibited

Citation: 24 Del. C. §§ 6003(c), 6004(a)

Does Delaware require its own controlled-substance registration?

Practitioners, including interstate telehealth registrants and compact license holders, must hold a biennial Delaware controlled substance registration to prescribe controlled substances in the state.

• Required, issued by Delaware Division of Professional Regulation, Office of Controlled Substances

Do private payers in Delaware have to cover telehealth?

• Private-payer telehealth coverage law
• Explicit payment parity

Citation: 18 Del. C. §§ 3370, 3571R

How does Delaware treat the corporate practice of medicine?