| (a) A provider shall use only telecommunications technology,
as defined in this subchapter, to provide telehealth services. Modes
of communication that do not utilize such telecommunications technology,
including analog telephone, mail, email, or facsimile may be used
only as adjuncts.
(b) A provider shall utilize telecommunications technology
and other equipment only if:
(1) the provider is competent to use the equipment
as part of the provider's telehealth services;
(2) the telecommunications technology and equipment
located at the client site and at the provider site are:
(A) appropriate to the telehealth services to be provided
and in good working order; and
(B) are of sufficient quality to allow the provider
to deliver equivalent service and quality to the client as if those
services were provided in person at the same physical location.
(3) the provider is able to see and hear the client
and the facilitator, if used, via telecommunications technology in
synchronous, real-time interactions, even when receiving or sending
data and other telecommunication transmissions, when providing telehealth
services; and
(4) the quality of electronic transmissions shall be
adequate for the provision of an individualized client's telehealth
service.
(c) A provider shall ensure that communications occur
without a change in the form or content of the information, as sent
and received, other than through encoding or encryption of a transmission
itself for purposes of and to protect the transmission.
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