§ 2805-u. Credentialing and privileging of health care practitioners\nproviding telemedicine services. 1. For purposes of this section:\n (a) "Distant site hospital" means a hospital licensed pursuant to this\narticle or a hospital licensed by another state, that has entered into\nan agreement with an originating hospital to make available one or more\nhealth care practitioners that are members of its clinical staff to the\noriginating hospital for the purposes of providing telemedicine\nservices. To qualify as a distant site hospital for purposes of this\narticle, a hospital licensed by another state must comply with the\nfederal regulations governing participation by hospitals in Medicare.\n (b) "Health care practitioner" shall mean a person licensed pursuant\nto article one hundred thirty-one, one hundred thirty-one-B, one hundred\nthirty-three, one hundred thirty-nine, one hundred forty, one hundred\nforty-one, one hundred forty-three, one hundred forty-four, one hundred\nfifty-three, one hundred fifty-four or one hundred fifty-nine of the\neducation law, or as otherwise authorized by the commissioner.\n (c) "Originating hospital" means the hospital at which a patient is\nlocated at the time telemedicine services are provided to him or her.\n (d) "Telemedicine" means the delivery of clinical health care services\nby means of real time two-way electronic audio-visual communications\nwhich facilitate the assessment, diagnosis, consultation, treatment,\neducation, care management and self management of a patient's health\ncare while such patient is at the originating site and the health care\nprovider is at a distant site.\n 2. When telemedicine services are provided to an originating\nhospital's patients pursuant to an agreement with a distant site\nhospital, the originating hospital may, in lieu of satisfying the\nrequirements set forth in section twenty-eight hundred five-k of this\narticle, rely on the credentialing and privileging decisions made by the\ndistant site hospital in granting or renewing privileges to a health\ncare practitioner who is a member of the clinical staff of the distant\nsite hospital, provided that:\n (a) the distant site hospital participates in Medicare and Medicaid;\n (b) each health care practitioner providing telemedicine is licensed\nto practice in this state;\n (c) the distant site hospital, in accordance with requirements\notherwise applicable to that hospital, collects and evaluates all\ncredentialing information concerning each health care practitioner\nproviding telemedicine services, performs all required verification\nactivities, and acts on behalf of the originating site hospital for such\ncredentialing purposes;\n (d) the distant site hospital reviews periodically, at least every two\nyears, and as otherwise warranted based on outcomes, complaints or other\ncircumstances, the credentials, privileges, physical and mental\ncapacity, and competence in delivering health care services of each\nhealth care practitioner providing telemedicine services, consistent\nwith requirements otherwise applicable to that hospital; reports the\nresults of such review to the originating hospital; and notifies the\noriginating hospital immediately upon any suspension, revocation, or\nlimitation of such privileges;\n (e) with respect to each distant site health care practitioner who\nholds privileges at the originating hospital, the originating hospital\nconducts a periodic internal review, at least every two years, of the\ndistant site practitioner's performance of these privileges and provides\nthe distant site hospital with such performance information for use in\nthe distant hospital's periodic appraisal of the distant site physician\nor health care practitioner. Such information shall include, at a\nminimum, all adverse events that result from the telemedicine services\nprovided by the distant site health care practitioner to the originating\nhospital's patients, all complaints the originat
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