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FTC Likes Delaware Proposal to Use Telehealth, But Says Some Limits May 'Discourage' Use

FTC staff commented to the Delaware Board of Dietetics/Nutrition on its proposed telehealth regulation that would allow licensed dietitians and nutritionists to determine whether the virtual technology would be appropriate for patient care and delivery, said the commission, which voted…

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3-0 to issue comment, in a Wednesday news release. The FTC Office of Policy Planning, and bureaus of Competition and Economics collectively said in a Tuesday letter to the board that telehealth "could enhance consumer choice by providing an alternative to in-person care, potentially reducing travel costs and increasing access to care." But FTC staff said the proposed regulation also requires initial evaluations be done in person rather than via telehealth, a requirement that "could unnecessarily discourage" use of the technology and restrict consumer choice. The FTC encouraged the board "to consider whether the proposed regulation could be improved by eliminating the prohibition on the use of telehealth for initial evaluations and expressly state that ... licensees have the option to use electronic communications for assessment and diagnosis."