What Should Be Included in a Telehealth Informed Consent Form?

As telehealth continues to expand, healthcare providers must address not only the practical aspects of delivering care remotely but also the legal and compliance requirements of virtual healthcare. A properly drafted telehealth informed consent form helps ensure that patients understand the nature of telehealth services, potential risks and limitations, privacy considerations, and available alternatives before agreeing to virtual care. Telehealth providers should consider the following when drafting a telehealth informed consent form. 

Why Is It Important, and What Should a Telehealth Informed Consent Form Include?

Telehealth informed consent helps make sure patients understand what to expect from virtual care. Informed consent also protects providers by showing that patients received clear information about the telehealth process, its limitations, and potential risks before receiving care. Here is what the informed consent form should include:

A Description of Telehealth Services

The form should clearly explain what telehealth means in the context of the provider’s practice. Patients should understand that they will be receiving healthcare services using electronic communications or other remote technology rather than being physically present with the provider.

The description should be understandable to the average patient and may explain whether visits will occur through:

• Video conferencing
• Telephone
• Secure messaging
• Remote monitoring

How the Telehealth Visit Will Work

Patients should receive practical information about how telehealth appointments will be conducted. For example, the form may explain how patients access the platform, what technology they need, and what happens if technical problems interfere with the appointment.

Depending on the practice, providers may want to address issues such as:

• Required devices or internet access
• Use of a telehealth platform
• Audio and video requirements
• Patient identification
• What happens if the connection is interrupted
• How the provider will contact the patient if technology fails

Risks and Limitations of Telehealth 

Patients should understand that telehealth has limitations that may not apply to an in-person visit. A consent form can explain that:

• Technology can fail: Internet outages, poor connections, or equipment problems may interrupt a visit. Poor audio or video quality may make it harder for the provider and patient to communicate effectively.
• Examinations may be limited: A provider may not be able to perform certain physical examinations or diagnostic assessments remotely.
• Remote monitoring has limitations: Devices used to monitor patients remotely may not always provide complete or accurate information.
• An in-person visit may be necessary: Depending on the patient’s condition, the provider may determine that an in-person examination or additional evaluation is needed.

Privacy and Security

Patients should understand how their information will be handled when healthcare is delivered through electronic communications.

The form may explain the provider’s use of a telehealth platform and the steps taken to protect patient information. Providers should also consider that electronic communications may involve cybersecurity risks despite reasonable safeguards.

Privacy considerations may include:

• Use of secure technology
• Protection of protected health information
• Electronic communications
• Patient responsibilities for maintaining privacy on their end
• Risks associated with using personal devices or unsecured networks
• Whether a telehealth appointment is being recorded

Confidentiality 

Patients should understand that confidentiality requirements generally continue to apply when care is provided through telehealth. At the same time, the remote nature of the encounter can create circumstances that may affect privacy.

For example, a patient may join an appointment from home, a workplace, a school, or another location where someone else could hear the conversation.

Providers may want their consent process to address the importance of choosing a private location and informing the provider if another person is present. This can help patients understand their role in maintaining privacy during a virtual appointment.

Frequently Asked Questions 

How often should informed consent forms be updated?

This depends on the organization, its location, and the platform it uses. Review telehealth consent forms periodically and whenever applicable laws, regulations, technology, services, or organizational procedures change significantly. Changes in state telehealth requirements may make previously used language incomplete or outdated. Providers should also review their forms when adopting a new telehealth platform, expanding services, or changing how they collect or transmit patient information. Regular legal and compliance reviews can help healthcare organizations identify changes that may require revisions to their telehealth consent process.

How can lawyers help our organization construct better consent forms?

Healthcare law attorneys can help healthcare providers identify provisions that may be missing, unclear, outdated, or inconsistent with applicable laws and regulations. Counsel can evaluate the consent form in the context of the provider’s specialty, geographic service area, technology, patient population, and overall compliance program. A lawyer may also identify potential issues involving licensing, privacy, documentation, electronic consent, and state-specific telehealth requirements. 

Should consent forms address emergency situations?

Yes, they should. No one ever expects a medical emergency, but they happen. Telehealth consent materials should clearly explain what patients should do if they experience a medical emergency. A virtual appointment is not a substitute for emergency medical services. Depending on the circumstances, patients may be instructed to call 911, contact local emergency services, or seek immediate in-person medical attention. Providers should also establish appropriate procedures for responding to emergencies that arise during a telehealth encounter. 

We operate in multiple states–can we use the same consent form?

Not necessarily. Telehealth requirements can vary considerably between states, including requirements concerning patient consent, provider licensing, documentation, prescribing, privacy, and permissible telehealth services. A form designed to meet one state’s requirements may not address another jurisdiction’s requirements. Providers serving patients in multiple states should therefore evaluate whether their consent process meets the laws applicable to each location. Depending on the organization’s operations, it may be appropriate to use jurisdiction-specific language or develop a consent process that addresses different state requirements. 

Contact an Experienced Telehealth Attorney 

Telehealth providers must draft effective, compliant informed consent forms. Telehealth consent requirements can be complicated, especially when you provide care to patients in multiple states. An experienced telehealth attorney can help you review your informed consent form and make sure it addresses the requirements that apply to your practice. Contact us to discuss your options.