§59-478.1. Establishment of physician-patient relationship through
271 words·~1 min read·
/ok/title-59-professions-and-occupations/59-478-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
telemedicine.
A. Unless otherwise prohibited by law, a valid physician- patient relationship may be established by an allopathic or osteopathic physician with a patient located in this state through telemedicine, provided that the physician:
1. Holds a license to practice medicine in this state;
2. Confirms with the patient the patient's identity and physical location; and
3. Provides the patient with the treating physician's identity and professional credentials.
B. Telemedicine encounters shall comply with the Health Insurance Portability and Accountability Act of 1996 and ensure that all patient communications and records are secure and confidential.
C. Telemedicine encounters in this state shall not be used to establish a valid physician-patient relationship for the purpose of prescribing opiates, synthetic opiates, semisynthetic opiates, benzodiazepine or carisprodol, unless the encounter is used to prescribe:
1. Opioid antagonists or partial agonists pursuant to Sections 1-2506.1 and 1-2506.2 of Title 63 of the Oklahoma Statutes; or
2. A Schedule III, IV, or V controlled dangerous substance approved by the United States Food and Drug Administration for medication assisted treatment or detoxification treatment for substance use disorder.
D. A physician-patient relationship shall not be created solely based on the receipt of patient health information by a physician. The duties and obligations created by a physician-patient relationship shall not apply until the physician affirmatively:
1. Undertakes to diagnose and treat the patient; or
2. Participates in the diagnosis and treatment of the patient. Added by Laws 2017, c. 228, § 2, eff. Nov. 1, 2017. Amended by Laws 2021, c. 293, § 4, eff. Nov. 1, 2021; Laws 2023, c. 250, § 3, emerg. eff. May 15, 2023.