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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 36. INSURANCE

  § 36-6804. Informed consent.  

Latest version.

  • A.  Prior to the delivery of health care via telemedicine, the health care practitioner who is in physical contact with the patient shall have the ultimate authority over the care of the patient and shall obtain informed consent from the patient.  The informed consent procedure shall ensure that, at least, all the following information is given to the patient:

    1.  A statement that the individual retains the option to withhold or withdraw consent at any time without affecting the right to future care or treatment or risking the loss or withdrawal of any program benefits to which the individual would otherwise be entitled;

    2.  A description of the potential risks, consequences, and benefits of telemedicine;

    3.  A statement that all existing confidentiality protections apply;

    4.  A statement that patient access to all medical information transmitted during a telemedicine interaction is guaranteed, and that copies of this information are available at stated costs, which shall not exceed the direct cost of providing the copies; and

    5.  A statement that dissemination to researchers or other entities or persons external to the patient-practitioner relationship of any patient-identifiable images or other patient-identifiable information from the telemedicine interaction shall not occur without the written consent of the patient.

    B.  The patient shall sign a written statement prior to the delivery of health care via telemedicine indicating that the patient understands the written information provided pursuant to subsection A of this section and that this information has been discussed with the health care practitioner or the practitioner's designee.

    C.  If the patient is a minor or is incapacitated or mentally incompetent such that the patient is unable to give informed consent, the consent provisions of this section shall apply to the patient's representative.  The consent provisions of this section shall not apply in an emergency situation in which a patient is unable to give informed consent and the patient's representative is unavailable.

    D.  The failure of a health care practitioner to comply with the provisions of this section shall constitute unprofessional conduct.

    E.  The written consent statement signed by the patient shall become part of the patient's medical record.

    F.  The consent provisions of this section shall not apply to consultations among or between health care practitioners or to other telemedicine interactions in which the patient is not directly involved.

    G.  The consent provisions of this section shall not apply to consultations among or between health care practitioners and inmates in the custody of the Department of Corrections.

    H.  For purposes of the delivery of mental health care via telemedicine, the use of telemedicine shall be considered a face-to-face, physical contact and in-person encounter between the health care provider and the patient, including the initial visit.

Added by Laws 1997, c. 209, § 4, eff. July 1, 1997.  Amended by Laws 2008, c. 432, § 2, eff. Nov. 1, 2008.