Synopsis
Since Governor Carney issued the Declaration of a State of Emergency as modified since March 12, 2020, the fear that Delaware’s health care system would be overwhelmed by the pandemic has eased to the point where the need to rely on out-of-state health care practitioners has diminished. Accordingly, this Amendment eliminates authorization for out-of-state practitioners to practice telemedicine and telehealth in Delaware with the exception of mental health care providers. It retains the suspension of any Delaware Board of Medical Licensure and Discipline Regulations which limit the practice of telemedicine. The authorization to use audio-only communication devices and to dispense with a pre-existing patient provider relationship if it is impractical to have an in-person encounter prior to the delivery of telehealth services is maintained. The suspension of the Delaware Board of Medical Licensure and Discipline Regulation regarding prescribing opioids is also maintained.