Telehealth and Pediatric Patients: Special Considerations 

Telehealth has transformed pediatric healthcare by making medical services more accessible and convenient for children and their families. From virtual consultations with pediatricians to remote monitoring of children’s chronic conditions, telehealth allows pediatric patients to be seen while reducing the need for in-person visits. Although telehealth can be great for medical providers, children, and their guardians, medical providers must be aware of special legal and regulatory considerations given the age of the patients when offering telehealth.

Standard of Care

Telehealth providers must ensure that the service they are providing pediatric patients meets or exceeds the standard of care. The standard of care is a legal benchmark that defines the level of skill and care a reasonably competent healthcare provider would offer in similar circumstances. Courts use this standard to assess whether a provider acted appropriately when treating a patient. If a patient believes they received substandard care, they may cite deviations from the standard of care as part of a medical malpractice claim.

Just as with in-person care, pediatric telehealth providers must ensure that the technology is appropriate for the patient’s age and condition and allows for accurate assessments, diagnosis, and treatment planning. This means selecting telehealth platforms that support high-quality video resolution, clear audio, and real-time communication to facilitate thorough evaluations. 

For instance, when assessing a child for a respiratory illness, the provider must be able to clearly observe breathing patterns, hear any wheezing or coughing, and obtain relevant history from the parent or guardian. If the video or audio quality is poor, it may compromise the accuracy of the assessment, potentially leading to a misdiagnosis. 

Depending on the suspected ailment and the child’s age, the telehealth provider must carefully determine when an in-person assessment is necessary to ensure proper diagnosis and treatment. Certain conditions require a physical examination, lab tests, or imaging that cannot be effectively conducted via telehealth. For example, if an infant presents with a high fever and lethargy, a virtual evaluation alone may not be sufficient to rule out serious infections such as bacterial meningitis or pneumonia. In such cases, the provider should promptly refer the child for an in-person assessment to allow for a hands-on physical examination, vital sign monitoring, and diagnostic testing. By identifying when telehealth is appropriate and when in-person care is essential, providers can maintain the standard of care while ensuring patient safety and optimal health outcomes.

Additionally, pediatric telehealth must be adaptable to the cognitive and developmental stages of the child. A provider conducting a virtual visit with a toddler for behavioral concerns may need to rely more on parental input and structured observation techniques, while a telehealth session with an older child or teenager for mental health counseling may involve direct engagement with the patient through interactive tools, such as chat-based features. Ensuring that the technology aligns with the patient’s needs is critical to maintaining the standard of care in pediatric telehealth.

Privacy Concerns with Pediatric Patients 

There are additional privacy concerns that telehealth providers must consider when providing care to pediatric patients. The Health Insurance Portability and Accountability Act (HIPAA) establishes privacy, security, and breach notification requirements for protecting patient health information. It mandates safeguards for electronic, paper, and oral data, limits unauthorized disclosures, and requires providers to notify patients of data breaches. Compliance is essential to avoid penalties. 

Things get complicated with HIPAA and minors, however, depending on what sort of service is offered and what state one resides in. Depending on the child’s age, a minor patient might do a telehealth appointment without the parent. Generally, the adult must consent on behalf of the minor. If the patient is married or emancipated, they will not need consent. Depending on the type of service requested, they may not need parental consent at all. In certain instances, a provider can inform parents of a medical condition but is not required to do so. Telehealth providers will need to understand all of these nuances so that they do not violate the minor’s privacy or fail to inform the parents if required to do so or get consent for treatment. 

HIPAA applies to all patients. However, additional regulations apply when dealing with patients under 18. One key rule is the Children’s Online Privacy Protection Act (COPPA), which requires digital health platforms—such as websites, applications, and online services—to obtain verifiable parental consent before collecting identifiable data from children under 13. This includes platforms used in pediatric healthcare, such as virtual reality tools for mental health or gamified physical therapy programs. Pediatric digital health companies must carefully evaluate both the purpose and scope of their data collection practices to ensure compliance.

COPPA applies to companies that operate websites or online services directed at children under 13 and collect personal information from them, either directly or by allowing third parties to do so. It also applies if a general-audience site collects data from children under 13 or if a company operates an ad network, plug-in, or other service that gathers personal information from users of child-directed platforms. Given these broad applications, pediatric digital health providers must implement stringent privacy policies, secure parental consent mechanisms, and ensure transparency in data collection to avoid regulatory penalties.

If your digital health company works with schools or educational institutions, compliance with the Family Educational Rights and Privacy Act (FERPA) is essential to protect student privacy and uphold parental rights. FERPA is a federal law that safeguards student education records, granting parents the right to access and request amendments to their child’s records. It also gives them control over the disclosure of personally identifiable information, ensuring that sensitive student data is handled securely and transparently.

Contact a Telehealth Attorney 

If your practice provides telehealth services to pediatric patients, knowing how to navigate the complex landscape of privacy laws, consent requirements, and state-specific regulations is critical. Consulting with a telehealth attorney can help you be proactive and in compliance with all regulations applicable to pediatric patients. Contact our office today.