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‘Clear and consistent’ telehealth rules: just what the doctor ordered

Michael Gorton AM and Lauren Jones

The Medical Board of Australia (MBA) has released new telehealth guidelines that aim to prescribe a healthy dose of control over asynchronous prescription services.

Effective this coming September, the revised guidelines introduce key changes that send a clear message: prescribing or providing healthcare for a patient without a real-time direct consultation, whether in-person, via video or telephone, is not good practice and is not supported by the Board.

The crackdown targets several start-up companies that currently offer prescriptions without a real-time consultation with a doctor.

Dr Anne Tonkin, the Chair of MBA, emphasised the importance of direct consultations and access to medical records, asserting that a doctor lacking these elements ‘is unable to exercise good, safe clinical judgment’.

Ultimately, MBA’s crackdown highlights the importance of a real-time consultation with a doctor, particularly in circumstances where medication is being prescribed.

What does this mean for telehealth

The MBA has outlined that General Practitioners (GP) will still be able to conduct telehealth consultations with new patients and issue new or repeat prescriptions, however, patients may only access MBS rebates for these consultations if they have consulted with a separate GP at the same practice within the previous 12 months. The MBA suggests that video consultations are preferable to phone consultations and highlights the importance of maintaining a mix of in-person and telehealth consultations for high-quality medical care.

Dr Anne Tonkin also stated that the Board recognises the pivotal role of telehealth in accessing episodic and emergency care, especially in rural and remote settings. To this end, the guidelines seek to support inclusive care when patients are unable to visit their regular doctor, by making it clear that one-off telehealth consultations are neither discouraged nor prohibited.

The MBA expects all medical practitioners to adhere to the code of conduct for good medical practice, regardless of the consultation format. The newly introduced guidelines will undergo review every five years, ensuring they remain up to date in the ever-evolving landscape of healthcare. Russell Kennedy’s experienced Health Law team will remain up to date on these reviews and reforms.

In this era of virtual consultation, the MBA has prescribed a dose of caution, emphasising the importance of real-time consultations and the need for doctors to exercise their judgment based on direct patient interactions. With these guidelines, the Australian healthcare landscape is set to strike the right balance between innovation and patient safety, ensuring a healthier and more robust system for all.

In Dr Anne Tonkin’s words, ‘prescribing medication is not a tick and flick exercise’.

For more information about telehealth services in the post covid era, you can read this article here our team published earlier this year. The article provides a range of factors to consider with telehealth, as well as associated legal risks.

How we can help

For further information and what it will mean for your organisation, please contact Michael Gorton AM or another member of our expert Health Law team.

If you would like to stay up to date with alerts, news and Insights, you can subscribe to our mailing list here.

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