Consent to Telehealth

1. Acceptance

This Consent to Telehealth ("Consent") explains how MDside ("we", "us", or "our") provides care through MDside and asks for your informed consent to receive it. By checking the consent box at checkout, clicking "I agree", or otherwise accepting this Consent, you confirm that you have read and understood it and agree to it. If you do not agree, do not place an order.

Your consent is voluntary. You may ask us questions about anything in this document before you agree, and you may withdraw your consent as described in Section 10.

2. Emergencies

THIS SERVICE IS NOT FOR EMERGENCIES. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room. If you are in crisis or thinking about harming yourself, call or text 988 to reach the 988 Suicide & Crisis Lifeline. Do not use this site, checkout, or account messaging for urgent or emergency situations - our providers do not monitor them in real time and may not respond immediately.

3. What telehealth means here

Telehealth is the delivery of healthcare services remotely using electronic communication. The care we provide through this site is asynchronous (sometimes called "store-and-forward") telehealth:

• You complete a health questionnaire and provide the information a provider needs to evaluate your request.
• A healthcare provider licensed in the state where you are located reviews your information and decides whether the product you requested is appropriate for you and, if so, which medication and dose to prescribe.
• There is no video visit, phone call, or in-person examination unless the provider requests one. The provider may ask you for more information, a photo, or a live visit before deciding, or may decline to treat you through telehealth.

We serve patients located in Colorado, Florida, Illinois, New Jersey, New York, North Carolina, and Ohio. Telehealth is regulated by the state where you are located, and some medications cannot be prescribed through asynchronous telehealth under federal or state law. Where that applies, the provider will decline the request or we will not offer the product in your state.

You can choose in-person care instead at any time. Nothing here prevents you from seeing your own doctor, and we encourage you to keep your regular healthcare provider informed of any treatment you receive from us.

4. How your request is reviewed

• Your questionnaire answers, together with your name, date of birth, sex, height, weight, and the state you are in, become your case. The provider's decision is based on what you submit, so it must be accurate and complete.
• Our systems prepare the case for review, which includes an automated preliminary safety screen and a draft clinical note. Automated tools never make the decision: a licensed provider personally reviews your case and decides every request.
• The reviewing provider may be a physician, a nurse practitioner, or a physician assistant licensed in your state.
• The provider approves or declines your request. You are notified of the outcome by email and in your account. The provider's decision, and the reasons for it, are documented in a clinical note that becomes part of your medical record with us.
• Approval is not guaranteed. The provider's decision is an independent clinical judgment, and the provider may decline any request. If your request is declined, you are not charged for it (see our Terms of Service for refunds).

5. Benefits

• Access to a licensed provider without an appointment, travel, or time off work.
• A review that fits your schedule - you complete the questionnaire when it suits you.
• Medication shipped to you when a prescription is appropriate, with follow-up questions handled through your account.

6. Risks and limitations

Telehealth has risks that in-person care does not. By agreeing to this Consent you understand that:

• The provider does not examine you in person and cannot observe anything you do not report. The review relies entirely on the accuracy and completeness of your answers, and a condition may be missed or a diagnosis delayed as a result.
• Not every condition can be evaluated or treated through telehealth. The provider may decide that you need an in-person examination, laboratory tests, or a specialist, and may decline to treat you through this service.
• No specific result or outcome is promised. Your condition may not improve, and it could get worse, despite appropriate treatment.
• Technology can fail. A review can be delayed by technical problems, by the need for more information, or by provider availability.
• Despite safeguards, electronic transmission and storage of health information carry a risk of interruption, unauthorized access, or loss. Information you send by ordinary email or text message is not secure.
• Licensing and state law limit what a provider can do for you remotely. Treatment may be unavailable, or different, depending on the state where you are located.

7. Your responsibilities

You agree that:

• Everything you tell us is true, complete, and about you - not another person - and you will tell us promptly if your health, medications, or contact details change.
• You are at least 18 years old and are physically located in the state you selected at the time you submit your request.
• You will follow the instructions that come with any medication, read its safety information, and contact us or your own doctor if you have side effects or questions. In an emergency, call 911.
• You will use this service for yourself only and will not share, sell, or give away medication prescribed to you.

8. Prescriptions and pharmacies

Approved prescriptions are sent to a licensed U.S. pharmacy that ships to your state. A prescription is written only when the reviewing provider decides it is appropriate for you; a prescription is never guaranteed by placing an order.

• Some products may be compounded medications. Compounded medications are prepared by a licensed pharmacy for an individual patient and are not reviewed or approved by the U.S. Food and Drug Administration for safety, effectiveness, or quality. The provider decides whether a compounded medication is appropriate for you.
• You may ask to have an approved prescription filled by a pharmacy of your choice, or transferred between pharmacies, where the law and the pharmacy allow it. Contact us to arrange this; pricing may differ.
• Medications that cannot be prescribed through asynchronous telehealth under federal or state law will not be prescribed through this service.

9. Payment and insurance

Care through this site is self-pay. You are responsible for the full price shown at checkout, including any recurring charges in the treatment plan you choose (see our Terms of Service). We do not bill health insurance, Medicare, or Medicaid for these services, and we do not submit claims on your behalf.

10. Your rights

• You may withdraw this Consent at any time before the provider decides your request, without penalty, by contacting us (Section 13). Withdrawing cancels the provider review of your pending order, and you are not charged for it.
• You may withdraw consent for future care at any time. Because we provide care only through telehealth, withdrawing means we can no longer treat you, and you should arrange care elsewhere.
• You may ask questions about your care and get answers from a provider through your account.
• You have the right to a copy of your medical records with us. Ask us in the ways listed in Section 13.
• You may be entitled to follow-up care. Contact us through your account with questions about your treatment, and see your own doctor or an urgent-care clinic for anything we cannot handle remotely.

11. Privacy and your records

Your health information is protected by the Health Insurance Portability and Accountability Act (HIPAA) and applicable state law. Our Privacy Policy, which also serves as our Notice of Privacy Practices, explains how we use and share your information and the rights you have over it. In short:

• Your case is shared with the reviewing provider and, if a prescription is written, with the pharmacy that fills it.
• Technology and hosting service providers that operate this site, our checkout, our patient records, and our messaging on our behalf are bound by written Business Associate Agreements to protect your information.
• Before any automated processing of your case, your name is removed and your date of birth is converted to an age.
• Your questionnaire, the provider's notes and decision, your prescriptions, and your messages with us are part of your medical record and are kept for at least as long as medical record-keeping laws require.

We do not record video or audio sessions, because there are none; your written answers and messages are the record of your care.

12. The provider-patient relationship

A provider-patient relationship with the reviewing provider is formed when the provider accepts your case for review, and it covers the request the provider reviews and any treatment plan the provider prescribes. The provider is a licensed healthcare professional exercising independent clinical judgment, and nothing in this Consent limits the professional duties the provider owes you.

13. Questions, complaints, and how to reach us

Questions about this Consent or your care go to MDside:

• Email: privacy@mdside.com
• Contact form: the contact page on this site (/contact)
• Account messaging: sign in to your account on this site and send us a message

If you have a concern about the conduct of a licensed provider, you may also contact the medical board or other professional licensing board of the state in which the provider is licensed.

14. Your consent record and changes

We keep a record of the date, time, and version of this Consent that you accepted with your order. We may update this Consent; the current version is always posted on this page with its "Last updated" date, and you will be asked to accept the current version each time you place an order.

By accepting this Consent you confirm that you have read it, that your questions have been answered, and that you consent to receive care through telehealth as described here.