On December 21, 2015, the Ministry of Health published the Mexican Official Standard project PROY-NOM-036-SSA3-2015 ("NOM") for a 60-day public consultation period that expired on February 19, 2016. The NOM establishes procedures for medical personnel providing remote medical attention and minimum requirements, and infrastructure characteristics for establishments providing remote medical attention.

The project was prepared in compliance with the provisions of Article 32 of the Mexican General Health Law, which establishes that in order to promote investment in telehealth and telemedicine applications, the government must develop a legal framework to ensure safety and efficiency in distant medical attention, encourage use of communication technologies, and employ communication as an instrument to reach the public health objectives. Although a strict reading of the NOM could indicate that the law may be enforced only in Mexico, the law appears to apply only where both the consulting hospital and remote physician/hospital meet NOM requirements.

Given the novelty of this issue and the increasing importance of telehealth in Mexico, it is surprising that a definitive version of the NOM (with related comments received during the public comment period that ended in February 2016) has not yet been published.

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