Delaware Code Title 24. Professions and Occupations § 6003. Scope of practice;  provider-patient relationship required

(a) Except for the instances listed in this chapter, health-care providers may not deliver health-care services by telehealth and telemedicine in the absence of a health-care provider-patient relationship.  A health-care provider-patient relationship may be established either in-person or through telehealth and telemedicine but must include all of the following:

(b) Health-care services delivered by telehealth and telemedicine may be synchronous or asynchronous using store-and-forward technology.  Telehealth and telemedicine services may be used to establish a provider-patient relationship only if the provider determines that the provider is able to meet the same standard of care as if the health-care services were being provided in-person.

(c) Treatment and consultation recommendations delivered by telehealth and telemedicine shall be subject to the same standards of appropriate practice as those in traditional (in-person encounter) settings.  In the absence of a proper health-care provider-patient relationship, health-care providers are prohibited from issuing prescriptions solely in response to an internet questionnaire, an internet consult, or a telephone consult.