DOVER — Legislation allowing out-of-state health care providers to screen patients virtually passed in the House of Representatives’ Health & Human Development Committee on Wednesday.

House Bill 334, sponsored by the committee’s chair, Rep. David Bentz, D-Christiana, would allow providers who are licensed in states other than Delaware to deliver their services by telehealth or telemedicine only if a provider-patient relationship has been established in accordance with state code. The bill was passed with House Amendment 1, which protects the existing flexibilities in sections 6003-6005 of the law to remain intact.

Current state law requires an existing relationship between a provider and a patient for such online services. It states that the relationship may be developed in person or virtually, though patients must provide thorough verification and identification, location and a consent form. When establishing a relationship, doctors are required to discuss the patient’s diagnosis and treatment options and provide a visit summary to the patient. The law states that, despite needing a prior relationship to receive these services, patients can use web appointments to establish that relationship, so long as they meets all the requirements.

Under HB 334, non-Delaware providers with the ability to deliver telehealth services include family doctors, podiatrists, chiropractors, dentists, occupational therapists, optometrists, pharmacists and more.

The bill comes nearly a year after Gov. John Carney signed HB 160, legislation that overhauled the state’s virtual health laws. HB 160 — or the Telehealth Access Preservation and Modernization Act of 2021, also sponsored by Rep. Bentz — continued the expansion of telehealth and telemedicine services by codifying the online flexibilities enacted as a result of the pandemic.

These adaptations included removing the requirement of a previous in-person visit before receiving online services and allowing patients to use audio-only communication in situations where both audio and video cannot be provided.

Rep. Bentz said it was brought to his attention by his constituents that Delawareans who use providers from other states would no longer have the opportunity to participate in telehealth screenings. He said that despite there being no plans to roll back these services in Delaware, most states began relying less on these COVID-19 adjustments. Rep. Bentz said that, because of the change in availability of these online appointments in nearby states, it was important to uphold the expansion for Delawareans.

“In regards to COVID, it is still present, so there are still dangers for certain members of the population to move around. When you talk about specialist visits, some Delawareans travel quite a distance to see those individuals and see those physicians. We know how gas prices are and things like that, as well, so what this legislation does is it allows for telehealth delivery to continue across state lines in the event there is an established physician-patient relationship.”

One of the bill’s co-sponsors, Rep. Mike Smith, R-Pike Creek, applauded Rep. Bentz for his work behind HB 334, stating that from an access standpoint, the legislation is very necessary.

However, Rep. Melissa Minor-Brown, D-New Castle, raised concerns about how providers such as chiropractors and dentists could offer their services in the telehealth format.

In response, Rep. Smith provided testimony about his own experience, reporting that his son, Nate, once sustained a dental injury after a fall at night, and since the dentist’s office was closed, his family resorted to using telemedicine. He said the dentist was able to diagnose Nate with a nerve injury and recommend treatment.

Spokespersons for both ChristianaCare and the Delaware Healthcare Association attended the committee meeting Wednesday to express support for HB 334.

Representing ChristianaCare, Christine Schultz said the organization is backing the bill because it would expand the availability of health care in the state. She said that uncertainties regarding how, when and if health care professionals could provide these telehealth services has been challenging for families, patients and physicians.

Delaware Healthcare Association communications and policy director Christina Bryan expressed her group’s support with the presence of HA 1, stating the importance of the flexibilities provided by state code.

“Telehealth is important to providing greater access to care and improving health outcomes for hard-to-reach and underserved populations, as well as patients who cannot easily travel to the office for care. House Bill 334 builds on existing telehealth flexibilities with the goal of providing greater access and reducing disruptions to care,” she said.

Since the bill passed in committee, it will now be voted on by the full House chamber. If it passes there, it will be assigned to a Senate committee for a hearing.