Page 12 - Part 1 Introduction to Telemedicine
P. 12

SVMIC Introduction to Telemedicine


                   The key term here is “electronic”. Ironically, this definition is

                   generally understood to exclude telephone conversations. The
                   reasons for this are historical rather than logical. Mirroring the

                   HIPAA  Security Rule , many telemedicine regulations treat
                                              4
                           3
                   telephonic communication as verbal, separately from other
                   electronic transmission media. Frankly, special treatment of

                   telephone calls makes less and less sense when the definition of
                   telephone is radically different from what it was in 1996; as

                   networked mobile devices serve multiple communications
                   functions (including voice) simultaneously, and distinctions

                   between real-time and stored data become fuzzy.



                   Regulatory Definitions

                   The practice of medicine in the U.S. is regulated by state and

                   federal laws administered by state medical boards and numerous

                   agencies. This potentially allows 50 different state standards, plus
                   definitions and standards from Federal agencies including AHRQ,

                   CDC, CMS, DEA, DOD, FDA, HRSA, IHS, NASA, NIST, OCR, VA, etc.
                   (as of 2014, there were at least seven different federal legal

                   definitions of telemedicine). Fortunately, vigorous efforts are

                   underway by governmental and quasi-governmental working
                   groups (such as the Federation of State Medical Boards) at several

                   levels—assisted by technology vendors and other experts—to
                   harmonize these.


                   At the federal level, probably the most widely accepted definition
                   comes from the Health Resources and Services Administration

                   (HRSA/DHHS). This agency uses the term “telehealth” and defines



                   3  Pub. L. No. 104-191, 110 Stat. 1936 (1996)
                   4  https://www.hhs.gov/hipaa/for-professionals/faq/2010/does-the-security-rule-apply-to-written-and-oral-
                   communications/index.html [7/16/18]


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