Like licensure, laws around informed consent vary between the states. Some states require written informed consent, while in others, verbal consent is okay. Some states have informed consent laws that pertain specifically to telehealth. 

For example, Michigan recently passed telemedicine legislation that is “poised to set standards for the telemedicine industry”. It “provides flexibility” in how to obtain patient consent to be treated remotely. 

How to protect yourself 

You need to know the informed consent requirements for every state whose residents you prescribe for, lest you open yourself up to suit for treating someone without first obtaining informed consent. 

Make sure your informed consent procedure includes: 

• The names, credentials, and locations of every involved healthcare provider 
• The names, credentials, and locations of any other staff that may help facilitate the telehealth service 
• Descriptions of every telehealth service that will be performed and the technology that will be used