37-3-342. Definition -- scope of practice allowed by telemedicine certificate. (1) As used in 37-3-301 and 37-3-341 through 37-3-349, "telemedicine" means the practice of medicine, as defined in 37-3-102, by a physician located outside the state who performs an evaluative or therapeutic act relating to the treatment or correction of a patient's physical or mental condition, ailment, disease, injury, or infirmity and who transmits that evaluative or therapeutic act into Montana through any means, method, device, or instrumentality under the following conditions:
     (a) The information or opinion is provided for compensation or with the expectation of compensation.
     (b) The physician does not limit the physician's services to an occasional case.
     (c) The physician has an established or regularly used connection with the state, including but not limited to:
     (i) an office or another place for the reception of a transmission from the physician;
     (ii) a contractual relationship with a person or entity in Montana related to the physician's practice of medicine; or
     (iii) privileges in a Montana hospital or another Montana health care facility, as defined in 50-5-101.
     (2) As used in 37-3-301 and 37-3-341 through 37-3-349, telemedicine does not mean:
     (a) an act or practice that is exempt from licensure under 37-3-103;
     (b) an informal consultation, made without compensation or expectation of compensation, between an out-of-state physician and a physician or other health care provider located in Montana;
     (c) the transfer of patient records, independent of any other medical service and without compensation;
     (d) communication about a Montana patient with the patient's physician or other health care provider who practices in Montana, in lieu of direct communication with the Montana patient or the patient's legal representative;
     (e) diagnosis of a medical condition by a physician located outside the state, based upon an x-ray, cardiogram, pap smear, or other specimen sent for evaluation to the physician outside the state by a health care provider in Montana; or
     (f) a communication from a physician located outside Montana to a patient in Montana in collaboration with a physician or other health care provider licensed to practice medicine in Montana.

     History: En. Sec. 2, Ch. 371, L. 1999.