Telepsychiatry Operational Guidelines - 2020 I Part 1 I Basics of Telepsychiatry Practice

Telepsychiatry Operational Guidelines - 2020 I Part 1 I Basics of Telepsychiatry Practice

Telepsychiatry in the form of interactive videoconferencing has become a critical tool in the delivery of mental health care in this contemporary world. To enable this telepsychiatry services Psychiatrist shall comply with licensure laws by enrolling in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956 / NMC Act, 2019. Further, all psychiatrist intending to provide online consultation need to complete a mandatory online course within 3 years of its notification by the Board of Governors, in supersession of the Medical Council of India.

Telepsychiatry Operational guidelines 2020

(Available online at https://indianpsychiatricsociety.org/...)

This report represents a collaboration between the National Institute of Mental Health and Neuro Sciences, Bangalore and the Indian Psychiatry Services to create a resource guide in telepsychiatry for practicing psychiatrist. These guidelines focus mainly on interactive videoconferencing-based psychiatry services.

The main aim of this guide is to assist, educate and provide guidance to psychiatrist in setting up, implementation, administration and provision of telepsychiatry services. It is essential that this guide be read in conjunction with other laws (such as Mental Healthcare Act 2017, RPWD Act 2016, NDPS Act 1985, Drugs and Cosmetic Act, 1940, IT Act 2000) and ethical practice guidelines (such as the Telemedicine Practice Guidelines 2020 and IMC regulations 2002). This is not a standalone document. The reader of this guide is requested first to read the Telemedicine Practice Guidelines 2020, notified by the MoHFW, New Delhi.

The psychiatrist shall observe the laws of the country in regulating the practice of tele-psychiatrist and shall also not assist others to evade such laws. Psychiatrist should be cooperative in observance and enforcement of laws and regulations of the land. A psychiatrist should observe the provisions of the legislations like Mental Healthcare Act, 2017; Right to person with disability Act, 2016; Drugs and Cosmetics Act, 1940 & Rule 1945; Narcotic Drugs and Psychotropic substances Act, 1985; Pharmacy Act, 1948; Medical Termination of Pregnancy Act, 1971; Transplantation of Human Organ Act, 1994; Environmental Protection Act, 1986; Pre–natal Sex Determination Test Act, 1994; and Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954; and such other Acts, Rules, Regulations made by the Central/State Governments or local Administrative Bodies or any other relevant Act relating to the protection and promotion of public health. Registered Medical Practitioner would be required to fully abide by Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 and with the relevant provisions of the Information Technology Act, 2000 (Amended in 2008), Information Technology (Intermediaries Guidelines) Rules, 2011, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, Data protection and privacy laws or any applicable rules notified from time to time for protecting patient privacy and confidentiality and regarding the handling and transfer of such personal information regarding the patient. This shall be binding and must be upheld and practiced.

1. Psychiatrist practicing telepsychiatry shall uphold the same
a) professional clinical standards, protocols, policies and procedures to provide care

b) all psychiatrist intending to provide online consultation need to complete a mandatory online course within 3 years of its notification from Board of
Governors in supersession of Medical Council of India.

c) ethical norms of Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation, 2002]

d) laws (Consumer Protection Act, 2019) as applicable to traditional in-person care


2. Adhere to Mental Healthcare Act, 2017 and Rules, 2018 during Telepsychiatry Consultation

3. Do not prescribe prohibited (List-C) medications online. To prescribe List – C the psychiatrist needs to follow

a) State Rules for NDPS Act, 1985 regarding prescribing drugs listed under NDPS Act, 2017

b) Drugs and Cosmetic Act 1940 and Rules 1945

c) RPWD Act, 2016 if any specific State rules are notified for de-addiction centers needs to be adhered
c) Telemedicine Practice Guidelines-2020 mandates inperson consultation


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