(a) - (g)(No change.)
(h)The initial contact between a licensed speech-language
pathologist and client may [shall] be at the
same physical location or through telehealth/telepractice, as
determined appropriate by the licensed speech-language pathologist [
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 consider relevant
factors including the client's behavioral, physical, and cognitive
abilities in determining the appropriateness of providing services
via telehealth/telepractice.
(j)[(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.
(k)[(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.
(l)[(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.
(m)[(l)] A provider shall be
sensitive to cultural and linguistic variables that affect the identification,
assessment, treatment, and management of the clients.
(n)[(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.
(o)[(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.
(p)[(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 January 12, 2018
TRD-201800097 Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: February 25, 2018
For further information, please call: (512) 463-8179
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