Maryland Register
Issue Date:  October 27, 2017
Volume 44• Issue 26 • Pages 1224—1225
Title 10
10.09.49 Telehealth Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and
15-105.2(b), Annotated Code of Maryland; Ch. 280, Acts of 2013; Ch. 366, Acts of 2016; Ch. 367, Acts of 2016
Notice of Proposed Action
The Secretary of Health proposes to amend Regulation .07 under COMAR 10.09.49 Telehealth Services.
Statement of Purpose
The purpose of this action is to add:
(1) Federally qualified health centers (FQHCs) to the list of provider sites that may register as distance site providers eligible to deliver services via telehealth within the rendering provider’s scope of practice; and
(2) Physician assistants as permitted distant site rendering providers and permitted originating site providers.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to, or fax to 410-767-6483. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.
.07 Provider Conditions for Participation.
   A.—B. (text unchanged)
   C. Permitted Originating Sites. The following sites may register as an originating site for Telehealth Program service delivery:
       (1)—(8) (text unchanged)
       (9) The office of a physician, physician assistant, psychiatric nurse practitioner, nurse practitioner, or nurse midwife;
       (10)—(13) (text unchanged)
   D. Permitted Distant Site Providers. 
       (1) Effective October 1, 2017, the following provider sites may register as distant site providers eligible to deliver services via telehealth within the rendering provider’s scope of practice:
          (a) (text unchanged)
          (b) An opioid treatment program; [or]
          (c) An outpatient mental health center[.]; or
          (d) A federally qualified health center.
       (2) The following rendering provider types licensed to practice in Maryland may register as distant site providers to render behavioral or somatic services via telehealth:
          (a)—(c) (text unchanged)
          (d) A physician; [or]
          (e) A physician assistant; or
          [(e)] (f) (text unchanged)
Secretary of Health