CONSENT TO TELEHEALTH

Effective Date: February 17, 2025

TelyRx, Inc. and our subsidiaries and affiliates (“TelyRx,” “we,” “our,” or “us”) provide websites, applications, and/or services that enable online visits with independent, licensed health care professionals (each a “Provider”) and mail-order pharmacy services for prescribed medications (collectively, the “Services”).

These Services constitute telehealth, a form of health care delivery using electronic communication between a patient and a Provider who are not in the same physical location. Telehealth may include, but is not limited to:

• Electronic transmission of medical records, images, personal health information, and other data.

• Virtual consultations via audio, video, and/or asynchronous communication (such as secure messaging and email).

• Use of remote monitoring devices, medical equipment, and video/audio files.

TelyRx employs industry-standard security protocols to protect the privacy, security, and integrity of your health information when using the Services.

 

POTENTIAL BENEFITS OF TELEHEALTH

• Convenient access to medical care from the comfort of your home.

• Reduced costs compared to in-office visits.

• Increased flexibility in scheduling medical consultations.

• Access to Providers regardless of your geographic location.

POSSIBLE LIMITATIONS & RISKS OF TELEHEALTH

While telehealth offers advantages, it has limitations:

• Insufficient Information for Diagnosis – Your Provider may lack sufficient data to make a complete medical decision, requiring an in-person evaluation.

• Limited Physical Examination – Certain assessments, tests, or vital sign monitoring may be unavailable through telehealth.

• Technology Risks – Interruptions due to network failures, software malfunctions, or device errors may disrupt or delay medical care.

• Data Privacy Risks – Despite security measures, electronic data transmission carries a risk of unauthorized access or breaches.

• State-Specific Restrictions – Certain treatments, prescriptions, and medical advice may be restricted or unavailable in some states.

 

STATE-SPECIFIC DISCLOSURES

Telehealth is subject to different state laws. By using TelyRx’s Services, you acknowledge and understand the following state-specific telehealth regulations:

California (Cal. Bus. & Prof. Code § 2290.5)

• You must provide verbal or written consent before any telehealth consultation.

• You have the right to in-person services upon request, subject to availability.

Texas (Tex. Occ. Code § 111.005)

• A telehealth visit must meet the same standard of care as an in-person visit.

• Texas law prohibits certain prescriptions from being issued via telehealth without an in-person evaluation.

Florida (Fla. Stat. § 456.47)

• Telehealth Providers must be licensed in Florida to provide services.

• Controlled substances cannot be prescribed via telehealth for chronic pain management.

New York (N.Y. Pub. Health Law § 2999-cc)

• Telehealth Providers must maintain patient confidentiality under HIPAA regulations.

• You have the right to access your telehealth visit records.

If you reside in a different state, additional telehealth restrictions may apply. You should check with your state’s medical board for more details.

 

PATIENT CONSENT & LEGAL ACKNOWLEDGMENT

By accepting this Consent to Telehealth, you agree and acknowledge:

1. I have read and understood this Consent to Telehealth, including potential risks and benefits.

2. I voluntarily consent to receive medical care via telehealth from independent Providers affiliated with TelyRx.

3. I understand that telehealth is an evolving field, and its applications may extend beyond what is described in this consent.

4. I acknowledge that telehealth does not guarantee specific results, and my condition may remain unchanged or worsen despite treatment.

5. I am responsible for providing accurate, complete, and truthful information about my medical history and current condition.

6. I understand that providing false, misleading, or incomplete health information may result in incorrect treatment, delayed care, or harm.

7. I acknowledge that my Provider may determine that my condition requires in-person care and refer me accordingly.

8. I understand that telehealth does not replace my existing healthcare providers, and I am encouraged to maintain care with them as needed.

9. I understand that TelyRx does not provide emergency medical care. If I experience a medical emergency, I will call 911 or seek immediate in-person assistance.

10. I understand how my health information will be collected, used, and protected in accordance with the TelyRx Privacy Policy.

11. I have access to my telehealth records in compliance with applicable laws.

12. I understand that my telehealth records will only be shared with my other healthcare providers upon my explicit consent. I may request record transfers by contacting [email protected].

13. I acknowledge that technical failures may cause loss of data or service interruptions. I agree to hold TelyRx, its subsidiaries, and my Provider harmless for any resulting delays or issues.

14. I may withdraw my consent at any time by emailing [email protected] with a written request to discontinue telehealth services.

15. I authorize TelyRx and my Providers to collect, use, and share my health information for treatment, payment, and healthcare operations, as permitted by law.

16. I acknowledge receipt of the California Open Payments Database notice: The Open Payments Database is a federal tool for researching payments made by drug and medical device companies to physicians and hospitals. It is available at https://openpaymentsdata.cms.gov.

LIMITATION OF LIABILITY & DISCLAIMERS

1. No Warranty of Service – TelyRx, Inc., including its subsidiaries, affiliates, and service providers (collectively, “TelyRx”), makes no representations or warranties, express or implied, regarding the availability, reliability, accuracy, or uninterrupted operation of the telehealth services. The Services are provided on an “as-is” and “as-available” basis, and TelyRx expressly disclaims any warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties arising from course of dealing or usage of trade. TelyRx shall not be liable for any interruptions, errors, delays, or deficiencies in the Services, including but not limited to technical failures, system outages, security breaches, or unauthorized access to personal health information.

2. No Provider-Patient Relationship with TelyRx – TelyRx is not a licensed medical provider, health care facility, or pharmacy and does not engage in the practice of medicine, nursing, or pharmacy. The independent, licensed health care Providers who deliver telehealth consultations via the Services are not employees, agents, or representatives of TelyRx. As such, any medical advice, diagnosis, prescriptions, or treatment recommendations provided through the Services are solely the responsibility of the independent Provider, and TelyRx assumes no liability for any medical decisions, treatment plans, prescriptions, or clinical outcomes arising from a Provider’s care.

3. Prescription Restrictions – The availability of prescription medications through telehealth is subject to applicable state and federal laws, regulations, and medical guidelines. Certain medications, including but not limited to controlled substances, weight loss drugs, and medications requiring in-person evaluations, may be restricted or unavailable via telehealth, depending on jurisdictional requirements. TelyRx does not guarantee that any prescription will be issued to a patient following a telehealth consultation, and all prescribing decisions are at the sole discretion of the independent Provider.

4. Informed Consent & Assumption of Risk – By accessing or using the Services, you expressly acknowledge and agree that:

• You have been provided with information regarding the risks, limitations, and benefits of telehealth and have been given an opportunity to ask questions.

• You voluntarily consent to receive health care services via telehealth.

• You understand that telehealth does not replace in-person medical evaluations and that certain conditions may require in-person examination, diagnostic testing, or treatment.

• You assume all risks associated with the use of telehealth, including but not limited to technological failures, security breaches, limitations in physical assessments, delays in care, and the unavailability of certain treatments or prescriptions.

5. Limitation of Liability – To the fullest extent permitted by applicable law, TelyRx, its affiliates, subsidiaries, officers, directors, employees, contractors, and agents shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, loss of data, or personal injury, arising out of or in connection with (i) your use of or inability to use the Services; (ii) any Provider’s medical advice, treatment, or failure to provide care; (iii) any prescription decision or medication availability; (iv) any telehealth limitations, system failures, or security breaches; or (v) any other matter relating to the Services. In jurisdictions that do not allow the exclusion or limitation of certain liabilities, TelyRx’s liability shall be limited to the maximum extent permitted by law.

6. Emergency Medical Care Disclaimer – The Services do not provide emergency medical care. If you are experiencing a medical emergency, you must call 911 or seek immediate in-person medical assistance. The Services are not a substitute for emergency or urgent care, and TelyRx bears no responsibility for any delays or adverse health outcomes resulting from failure to seek emergency medical attention.

By using the Services, you agree that you understand and accept these limitations of liability and disclaimers, and that your continued use of the Services constitutes your legally binding agreement to these terms.

ADDITIONAL TERMS

All capitalized terms used in this Consent to Telehealth but not explicitly defined herein have the meanings assigned in the TelyRx Terms of Use.

For clarity:

• “TelyRx,” “we,” “us,” or “our” refers to TelyRx, Inc., and its subsidiaries and affiliates.

• “You” or “your” refers to the individual using the Services.

For questions about this Consent to Telehealth, please contact:

Email: [email protected]
Mailing Address:
TelyRx, Inc.
24761 US Hwy 19 N
Clearwater, FL 33763