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JotPsych Notes
JotPsych Notes

Video visit do's and don'ts

Ask which state your patient is in at each video visit. You need a license in that state, unless its law makes an exception.

Your patient has checked in to your video waiting room, and you're about to join the call. Check the consent to record, the telehealth consent, your patient's location, and everyone on the call before you discuss care.

Video visit do's and don'ts
Do

Get consent to record before the visit

Ask which state your patient is in

Keep the telehealth consent in the chart

Don't

Take a typed name as proof of identity

Start without a crisis plan

Switch to audio-only by default

The six lines come from California Penal Code section 632, the Center for Connected Health Policy, and the Federation of State Medical Boards' 2022 telemedicine policy for physicians. Check your video visit routine against each line, including the lines from the physicians' policy if you're a nurse practitioner.

Do get consent to record before the visit

Ask for your patient's consent to record when the visit is booked. California's Penal Code section 632 bars recording a confidential conversation without the consent of all parties. Each violation can bring a fine of up to $2,500. Check your own state's law, too.

Do ask which state your patient is in

Patients travel. Ask at the start of every visit, because care by telehealth "is considered to be rendered at the physical location of the patient," per the Center for Connected Health Policy.

So you need a license in the state where your patient is, unless that state's law makes an exception. Look up that state's rules on the center's page.

Do keep the telehealth consent in the chart

The Federation of State Medical Boards (FSMB) discourages physicians from giving care by telemedicine without the patient's consent. The FSMB's 2022 policy says consents "should also be filed in the medical record."

Terms a telemedicine consent should name, per the Federation of State Medical Boards
a selection from the baseline consent terms in the 2022 telemedicine policy for physicians
Telemedicine consent terms

The patient and the patient's location

The physician, credentials, and state of practice

The patient's primary care physician, if available

The security measures and the privacy risks that remain

The patient's consent before information goes to a third party

The Federation of State Medical Boards lists these five terms among the baseline terms of telemedicine consent in its 2022 policy for physicians. Check your practice's consent form against the five terms before your next video visit.

Don't take a typed name as proof of identity

Patients check in by typing a name. Confirm who joined before you discuss care. The FSMB asks physicians to identify the patient "to the extent possible."

Don't start without a crisis plan

Know the emergency services near your patient's location before the visit starts. The FSMB policy asks physicians for "a standing plan" to refer a patient to appropriate care. Under the policy, sending every patient to the emergency department isn't enough.

Don't switch to audio-only by default

Your video may drop partway through a visit. The FSMB policy says audio-only should substitute for video only when your patient can't or won't use video, or when it's the standard of care for the service. Ask your patient to rejoin by video first.

JotPsych's final review of a video visit's note lists the attestations Telehealth consent and Location confirmed.

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