(a) When used in the rules of the Texas Board of Physical
Therapy Examiners, telehealth is the use of telecommunications or
information technology to provide physical therapy services to a patient
who is physically located at a site in Texas other than the site where
the physical therapist or physical therapist assistant is located,
whether or not in Texas.
(b) Physical therapy telehealth services must be provided
by a physical therapist or physical therapist assistant under the
supervision of the physical therapist who possesses a current:
(1) unrestricted Texas license; or
(2) Compact Privilege to practice in Texas.
(c) The provision of physical therapy services via
telehealth requires synchronous audiovisual or audio interaction between
the physical therapist or physical therapist assistant and the patient/client,
which may be accompanied by the use of asynchronous store and forward
technology.
(d) Standard of Care. A physical therapist or physical
therapist assistant that provides telehealth services:
(1) is subject to the same standard of care that would
apply to the provision of the same physical therapy service in an
in-person setting; and
(2) the physical therapist is responsible for determining
whether an evaluation or intervention may be conducted via telehealth
or must be conducted in an in-person setting.
(e) Informed Consent. A physical therapist that provides
telehealth services must obtain and maintain the informed consent
of the patient, or of another individual authorized to make health
care treatment decisions for the patient, prior to the provision of
telehealth services.
(f) Confidentiality. A physical therapist or physical
therapist assistant that provides telehealth services must ensure
that the privacy and confidentiality of the patient's medical information
is maintained during and following the provision of telehealth services,
including compliance with HIPAA regulations and other federal and
state law.
(g) The failure of a physical therapist or physical
therapist assistant to comply with this section shall constitute detrimental
practice and could subject the licensee to disciplinary action by
the Board.
(h) Provision of telehealth services by a physical
therapist assistant must occur under the supervision of the physical
therapist in accordance with rule §322.3 of this title (relating
to Supervision).
(i) Telehealth is a mode for providing one-on-one physical
therapy services to a patient/client and is not a means for supervision
of physical therapy aides.
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