Parent/Guardian Informed Consent to Treatment via Telehealth

Last Updated: July 10, 2023

Telehealth involves the use of electronic communications to enable healthcare providers at different locations to share individual patient medical information for the purpose of improving patient care. Telehealth services offered via Curology contracted healthcare entities, including David Lortscher MD, P.C., David Lortscher, MD, P.A., Lortscher Health of Hawaii, Professional Corporation, David Lortscher, MD, S.C., Lortscher Health of New Jersey, P.C., and David Lortscher, MD, and Professional Association (collectively, "DLMD") may also include chart review, remote prescribing, appointment scheduling, health information sharing, and non-clinical services, such as patient education. The information you or the patient for whom you are the legal guardian ("Patient") provide may be used for diagnosis, therapy, follow-up and/or patient education, and may include any combination of the following: (1) health records and test results; (2) images and asynchronous communications; (3) live two-way audio and video; (4) interactive audio with store and forward; and (5) output data from medical devices and sound and video files.

The electronic communication systems we use will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

DLMD providers (our "providers") are an addition to, and not a replacement for, a primary care provider. Responsibility for overall medical care should remain with a local primary care provider, if the Patient has one, and we strongly encourage you to locate one if the Patient does not.

Expected Benefits:

• Improved access to care by enabling you and the Patient to remain in your home while your Provider consults and obtains test results at distant/other sites.

• More efficient care evaluation and management.

• Obtaining expertise of a specialist as appropriate.

• You or the Patient may contact your Provider for follow-up questions by directly sending a message to your Provider via our member portal.  Your Provider will be familiar with and have access to available medical resources in order to make an appropriate referral where medically indicated.  Your Provider will typically respond within thirty-six hours.

Service Limitations:

• The primary difference between telehealth and direct in-person service delivery is the inability to have direct, physical contact with the patient. Accordingly, some clinical needs may not be appropriate for a telehealth visit and your Provider will make that determination.

• OUR PROVIDERS DO NOT ADDRESS MEDICAL EMERGENCIES. IF YOU BELIEVE THE PATIENT IS EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 9-1-1 AND/OR GO TO THE NEAREST EMERGENCY ROOM.  PLEASE DO NOT ATTEMPT TO CONTACT CUROLOGY, INC., DLMD, OR YOUR PROVIDER.  AFTER RECEIVING EMERGENCY HEALTHCARE TREATMENT, THE PATIENT SHOULD VISIT THEIR LOCAL PRIMARY CARE PROVIDER.

Possible Risks:

• Delays in evaluation and treatment could occur due to deficiencies or failures of the equipment and technologies, or Provider availability.

• In rare events, your Provider may determine that the transmitted information is of inadequate quality, thus necessitating a rescheduled telehealth consult or a meeting with Patient’s local primary care doctor.

• In very rare events, security protocols could fail, causing a breach of privacy of personal medical information.

• In rare events, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.

By checking the box associated with "Informed Consent", you, the Patient’s parent or guardian, acknowledge that you understand and agree with the following:

1. I hereby consent to the Patient’s receiving DLMD’s services via telehealth technologies. I understand that DLMD and its providers offer telehealth-based medical services, but that these services do not replace the relationship between the Patient and a primary care doctor. I also understand it is up to the DLMD provider to determine whether or not the Patient’s specific clinical needs are appropriate for a telehealth encounter.

2. I understand a licensed provider from DLMD will be assigned to me prior to the consult, however, I can request a different licensed provider at any time. I can review the credentials of my assigned provider.

3. I understand that federal and state law requires health care providers to protect the privacy and the security of health information. I understand all medical reports resulting from the telehealth visit are part of Patient’s medical record. 

4. I understand that DLMD will take steps to make sure that Patient’s health information is not seen by anyone who should not see it. I understand that telehealth may involve electronic communication of Patient’s personal medical information to other health practitioners who may be located in other areas, including out of state.

5. I understand there is a risk of technical failures during the telehealth encounter beyond the control of DLMD. I AGREE TO HOLD HARMLESS DLMD AND ITS EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, REPRESENTATIVES, ASSIGNS, PARENTS, PREDECESSORS, AND SUCCESSORS FOR DELAYS IN EVALUATION OR FOR INFORMATION LOST DUE TO SUCH TECHNICAL FAILURES.

6. I understand that I have the right to withhold or withdraw my consent to the use of telehealth in the course of the Patient’s care at any time, without affecting the Patient’s right to future care or treatment. I understand that I may suspend or terminate use of the telehealth services at any time for any reason or for no reason. 

7. I understand that if Patient is experiencing a medical emergency, that I will be directed to dial 9-1-1 immediately and that the Provider is not able to connect me directly to any local emergency services.

8. I understand that alternatives to telehealth consultation, such as in-person services are available to me and the Patient.

9. I understand that I may expect the anticipated benefits from the use of telehealth in Patient’s care, but that no results can be guaranteed or assured.

10. I understand that Patient’s healthcare information may be shared with other individuals for operational, quality assurance, scheduling and billing purposes. If Patient has a real-time consultation, persons may be present during the consultation other than the Provider during such real-time consultation in order to operate the telehealth technologies. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/examination that are personally sensitive to the Patient; (2) ask non-medical personnel to leave the telehealth examination; and/or (3) terminate the consultation at any time.

11. I understand that Patient will not be prescribed any narcotics for pain, nor is there any guarantee that Patient will be given a prescription at all. I understand that the decision of whether a prescription is appropriate will be made in the professional judgement of the Provider.

12. I understand I can choose to fill my prescription at a pharmacy of my choice.

13. I understand that the Provider reserves the right to deny care for potential misuse of the Services or for any other reason if, in the professional judgment of my Provider, the provision of the Services is not medically or ethically appropriate. 

14. I understand that if I or the Patient participate in a consultation, that I have the right to request a copy of Patient’s medical records which will be provided to me at reasonable cost of preparation, shipping and delivery.

15. I understand if I or the Patient communicates with the Patient's DLMD Provider in a language other than English, the Patient's DLMD Provider will utilize a third-party translation service to assist in communicating with me and/or the Patient, and such service will receive the Patient's personal information, including health information.  This translation is free of charge.  I understand I and the Patient are solely responsible for providing complete and accurate information to the Patient's DLMD Provider and third-party translation service.  I AGREE TO HOLD HARMLESS DLMD AND ITS EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, REPRESENTATIVES, ASSIGNS, PARENTS, PREDECESSORS, AND SUCCESSORS FOR ANY CLAIMS, LOSSES, OR DEMANDS CAUSED IN WHOLE OR IN PART BY THE USE OF A THIRD-PARTY TRANSLATION SERVICE.

Additional State-Specific Consents: The following consents apply to users accessing the DLMD website for the purposes of participating in a telehealth consultation as required by the states listed below (and where necessary they should be interpreted as referring to Patient and not the parent or legal guardian):

• Alaska: I understand my primary care provider may obtain a copy of my records of my telehealth encounter. (Alaska Stat. § 08.64.364).

• Arizona: I understand I am entitled to all existing confidentiality protections pursuant to A.R.S. § 12-2292. I also understand all medical reports resulting from the telemedicine consultation are part of my medical record as defined in A.R.S. § 12-2291. I also understand dissemination of any images or information identifiable to me for research or educational purposes shall not occur without my consent, unless authorized by state or federal law. (Ariz. Rev. Stat. Ann. § 36-3602).

• California: The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov. NOTICE TO PATIENTS Medical doctors are licensed and regulated by the Medical Board of California. To check up on a license or to file a complaint go to www.mbc.ca.gov, email: [email protected], or call (800) 633-2322.

• Connecticut: I understand that my primary care provider may obtain a copy of my records of my telehealth encounter. (Conn. Gen. Stat. Ann. § 19a-906).

• District of Columbia: I have been informed of alternate forms of communication between me and a provider or other treating physician for urgent matters. (D.C. Mun. Regs. tit. 17, § 4618.10).

• Georgia: I have been given clear, appropriate, accurate instructions on follow-up in the event of needed emergent care related to the treatment. (Ga. Comp. R. & Regs. 360-3-.07(7)).

• Iowa: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here. 

• Idaho:  I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here. 

• Indiana:  I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here.

• Kentucky: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here.

• Louisiana: I understand the role of other health care providers that may be present during the consultation other than my assigned Provider. (46 La. Admin. Code Pt XLV, § 7511).

• Maine:  I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here.

• Nebraska: I retain the option to refuse the telehealth consultation at any time without affecting my right to future care or treatment and without risking the loss or withdrawal of any program benefits to which the patient would otherwise be entitled. All existing confidentiality protections shall apply to the telehealth consultation. I shall have access to all medical information resulting from the telehealth consultation as provided by law for access to my medical records. Dissemination of any patient identifiable images or information from the telehealth consultation to researchers or other entities shall not occur without my written consent. (Neb. Rev. Stat. Ann. § 71-8505;).

• New Hampshire: I understand that the DLMD Provider may forward my medical records to my primary care or treating provider. (N.H. Rev. Stat. § 329:1-d).

• New Jersey: I understand I have the right to request a copy of my medical information and I understand my medical information may be forwarded directly to my primary care provider or health care provider of record, or upon my request, to other health care providers. (N.J. Rev. Stat. Ann. § 45:1-62).

• Oklahoma: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here; Or, the Oklahoma Board of Osteopathic Examiners’ website, here.

• Rhode Island: If I use e-mail or text-based technology to communicate with my DLMD Provider, then I understand the types of transmissions that will be permitted and the circumstances when alternate forms of communication or office visits should be utilized. I have also discussed security measures, such as encryption of data, password protected screen savers and data files, or utilization of other reliable authentication techniques, as well as potential risks to privacy. I acknowledge that my failure to comply with this agreement may result in the DLMD Provider terminating the e-mail relationship. (Rhode Island Medical Board Guidelines).

• South Carolina: I understand my medical records may be distributed in accordance with applicable law and regulation to other treating health care practitioners. (S.C. Code Ann. § 40-47-37).

• Texas: I understand that my medical records may be sent to my primary care provider. (Tex. Occ. Code Ann. § 111.005). I have been informed of the following notice: NOTICE CONCERNING COMPLAINTS - Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.  

• Utah: I understand (i) any additional fees charged for telehealth services, if any, and how payment is to be made for those additional fees, if the fees are charged separately from any fees for face-to-face services provided in combination with the telehealth services; (ii) to whom my health information may be disclosed and for what purpose, and have received information on any consent governing release of my patient-identifiable information to a third-party; (iii) my rights with respect to patient health information; (iv) appropriate uses and limitations of the site, including emergency health situations. I understand that the telehealth services DLMD provides meets industry security and privacy standards, and comply with all laws referenced in Subsection 26-60-102(9)(b)(ii), if applicable. I was warned of: potential risks to privacy notwithstanding the security measures and that information may be lost due to technical failures, and agree to hold the Provider harmless for such loss. I have been provided with the location of DLMD’s website and contact information. I was able to select my Provider of choice, to the extent possible. I was able to select my pharmacy of choice. I am able to a (i) access, supplement, and amend my patient-provided personal health information; (ii) contact my Provider for subsequent care; (iii) obtain upon request an electronic or hard copy of my medical record documenting the telemedicine services, including the informed consent provided; and (iv) request a transfer to another Provider of my medical record documenting the telemedicine services. (Utah Admin. Code r. 156-1-602).

• Virginia: I acknowledge that I have received details on security measures taken with the use of telemedicine services, such as encrypting date of service, password protected screen savers, encrypting data files, or utilizing other reliable authentication techniques, as well as potential risks to privacy notwithstanding such measures; I agree to hold harmless DLMD for information lost due to technical failures; and I provide my express consent to forward patient-identifiable information to a third party. (Virginia Board of Medicine Guidance Document 85-12).

• Vermont: I understand that I have the right to receive a consult with a distant-site provider and will receive one upon request immediately or within a reasonable time after the results of the initial consult. I understand that receiving tele-dermatology or tele-ophthalmology services via DLMD does not preclude me from receiving real-time telemedicine or face-to-face services with the distant provider at a future date. (Vt. Stat. Ann. § 9361(e)).

Patient Consent: I have read this document carefully, and understand the risks and benefits of the telehealth consultation and have had my questions regarding the procedure explained and I hereby give my informed consent for Patient to participate in a telehealth consultation under the terms described herein.