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(a)The requirements of this section apply to the use
of telehealth by speech-language pathologists.
(b)A provider shall comply with the commission's Code
of Ethics and Scope of Practice requirements when providing telehealth
services.
(c)The scope, nature, and quality of services provided
via telehealth are the same as that provided during in-person sessions
by the provider.
(d)The quality of electronic transmissions shall be
equally appropriate for the provision of telehealth services as if
those services were provided in person.
(e)A provider shall only utilize technology which
they are competent to use as part of their telehealth services.
(f)Equipment used for telehealth services at the clinician
site shall be maintained in appropriate operational status to provide
appropriate quality of services.
(g)Equipment used at the client/patient site at which
the client or consultant is present shall be in appropriate working
condition and deemed appropriate by the provider.
(h)The initial contact between a licensed speech-language
pathologist and client shall be at the same physical location to assess
the client's candidacy for telehealth, including behavioral, physical,
and cognitive abilities to participate in services provided via telecommunications
prior to the client receiving telehealth services.
(i)A provider shall be aware of the client or consultant
level of comfort with the technology being used as part of the telehealth
services and adjust their practice to maximize the client or consultant
level of comfort.
(j)When a provider collaborates with a consultant
from another state in which the telepractice services are delivered,
the consultant in the state in which the client receives services
shall be the primary care provider for the client.
(k)As pertaining to liability and malpractice issues,
a provider shall be held to the same standards of practice as if the
telehealth services were provided in person.
(l)A provider shall be sensitive to cultural and linguistic
variables that affect the identification, assessment, treatment, and
management of the clients.
(m)Upon request, a provider shall submit to the department
data which evaluates effectiveness of services provided via telehealth
including, but not limited to, outcome measures.
(n)Telehealth providers shall comply with all laws,
rules, and regulations governing the maintenance of client records,
including client confidentiality requirements, regardless of the state
where the records of any client within this state are maintained.
(o)Notification of telehealth services shall be provided
to the client, the guardian, the caregiver, and the multi-disciplinary
team, if appropriate. The notification shall include, but not be limited
to: the right to refuse telehealth services, options for service delivery,
and instructions on filing and resolving complaints.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal
authority
to adopt.
Filed
with the Office of the Secretary of State on December 28, 2015
TRD-201505954 William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: February 7, 2016
For further information, please call: (512) 463-8179
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