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Offering telehealth? Ensure you’re covered
SPONSORED: With the rise of technologies, have new telehealth guidelines introduced potential implications for medical practitioners’ liability?
For most doctors, the updated guidelines are straightforward and do not require major changes to practice.
When the Medical Board of Australia released its ‘Guidelines for telehealth consultations with patients’ in 2023, it introduced potential implications for a medical practitioner’s liability when using telehealth, particularly with the rise of new technologies and evolving modes of delivery.
Telehealth checklist
For most doctors, the updated guidelines are straightforward and do not require major changes to practice.
They include simple checklists of important factors to consider before, during and after using telehealth, such as:
- introducing yourself and your role to the patient
- checking the patient’s identity
- ensuring that the consultation space is private, and that the technology is reliable
- documenting that telehealth was used and the type of technology used
- checking that patients understand how to use the technology (including responding to technology failure)
- checking that patients understand the limitations of telehealth, including alternatives and the possible need for in-person follow-up.
While the Board stated the importance of telehealth, particularly in rural and remote settings, it also stated that telehealth should not routinely replace in-person care.
Importantly, the Board said it does not support prescribing or providing healthcare if you have never had a real-time conversation (either in-person, via video or telephone) with the patient.
The Board specifically stated that it does not support ‘asynchronous requests for medication communicated by text, email, live-chat or online that do not take place in the context of a real-time continuous consultation and are based on the patient completing a health questionnaire when the practitioner has never spoken with the patient’.
Indemnity insurance and telehealth
Since 1 July 2023, the Medical Indemnity Protection Society (MIPS) has had extended cover to include the use of asynchronous telehealth.
However, this is restricted to situations where there is a pre-existing clinical relationship (either with you directly or with your practice), where there is the capacity to interact with, or follow up the patient in real time, or where we have otherwise agreed in writing to cover it.
There is also a general requirement that telehealth must be conducted in accordance with any telehealth-related Australian Health Practitioner Regulation Agency (AHPRA) guidelines.
The Guidelines require you to be AHPRA-registered if you are outside Australia and consulting via telehealth with patients in Australia.
Similarly, if you are outside Australia and consulting with patients inside Australia via telehealth, the Board requires you to be AHPRA-registered and to comply with any overseas requirements for registration and professional indemnity insurance.
You are also covered for civil liability if, at the time telehealth occurs:
- you and the patient were in Australia
- you were outside of Australia, but only if you had been outside Australia for less than 120 days in the aggregate during the Period of Insurance and the patient was in Australia at the time the Healthcare was provided
- the patient had been outside Australia for less than 90 days and you were in Australia at the time the Healthcare was provided
- neither you nor the patient were in the USA or anywhere USA law applies.
Make sure you are covered
Make sure you’re adequately covered for when you provide telehealth services, and if you’re considering your indemnity options, please consider the telehealth protection offered by MIPS.
Our commitment to supporting members at every stage of their career also includes:
- comprehensive indemnity insurance cover of up to $20 million
- 24/7 medico-legal support and advice
- accredited risk management and education resources including webinars, available on-demand
Visit the
MIPS website for a quote.
Disclaimer: You should seek legal or other professional advice before relying on any content and practice proper clinical decision making with regard to the individual circumstances. Information is only current at the date initially published.
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