| (a) Applicability.
(1) Except where noted, this subchapter applies to
behavior analysts and assistant behavior analysts, as authorized under
this subchapter.
(2) Except to the extent it imposes additional or more
stringent requirements, this subchapter does not affect the applicability
of any other requirement or provision of law to which an individual
is otherwise subject under this chapter or other law.
(b) Licensure and Scope of Practice.
(1) An individual shall not provide telehealth services
to a client in the State of Texas, unless the individual is licensed
by the department and qualifies as a provider, as that term is defined
in this subchapter, or is otherwise legally authorized to do so.
(2) A provider may provide only those telehealth services
that are within the course and scope of the provider's license and
competence and delivered in accordance with the requirements of that
license and pursuant to the terms and conditions set forth in this
chapter.
(3) A provider may engage in direct observation, direct
supervision, or indirect supervision in-person and on-site, through
telehealth, or in another manner approved by the provider's certifying
entity. Supervision provided through telehealth must meet the standards
of the certifying entity.
(c) Competence and Standard of Practice; Code of Ethics.
(1) A provider shall be competent in both the type
of services provided and the methodology and equipment used to provide
the service.
(2) A provider shall comply with the code of ethics
and scope of practice requirements in this chapter when providing
telehealth services.
(3) The scope, nature, and quality of the services
provided via telehealth shall be the same as the services provided
during in-person sessions.
(4) A provider shall determine whether a particular
service or procedure is appropriate to be provided via telehealth.
A provider shall maintain a focus on evidence-based practice and identify
appropriate meaningful outcomes for a client. When an established
telehealth procedure is not available, the provider shall notify the
client or multi-disciplinary team, as appropriate, that the effectiveness
of the procedure has not yet been established for the method, manner,
or mode of treatment.
(5) Documentation of telehealth services shall include
documentation of the date and nature of services performed by the
provider through telehealth and the assistive tasks of the facilitator,
if used.
(6) A provider shall:
(A) consider relevant factors including the client's
behavioral, physical, and cognitive abilities in determining the appropriateness
of providing services via telehealth;
(B) be aware of the client's level of comfort with
the technology being used as part of the telehealth services; and
(C) be sensitive to cultural and linguistic variables
that affect the identification, assessment, treatment, or management
of a client when providing services through telehealth.
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