(a)The requirements of this section apply to the
use of telehealth by a provider who is a speech-language pathologist,
speech-language pathology intern, or a speech-language pathology assistant
as defined in this subchapter [by speech-language pathologists
]. Speech-language pathology assistants may provide services
through telehealth, as directed by their supervisor, according to
the speech-language pathology assistant practice and duties under
16 TAC §111.52.
(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 that
the provider is competent to use as part of the provider's 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 or speech-language pathology intern and a client
may be at the same physical location or through telehealth [
telehealth/telepractice], as determined appropriate by the licensed
speech-language pathologist or speech-language pathology intern.
(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 [
telehealth/telepractice].
(j)A provider shall be aware of the client's or consultant's
level of comfort with the technology being used as part of the telehealth
services. The provider shall adjust the provider's practice to maximize
the client's or consultant's level of comfort.
(k)When a provider collaborates with a consultant
from another state in which the telehealth [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)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)A provider shall be sensitive to cultural and
linguistic variables that affect the identification, assessment, treatment,
and management of the clients.
(n)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)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)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 emergency adoption and found it to be within the state agency's
legal authority to adopt.
Filed
with the Office of the Secretary of State on August 16, 2021
TRD-202103209 Brad Bowman
General Counsel
Texas Department of Licensing and Regulation
Effective date: September 1, 2021
Expiration date: December 29, 2021
For further information, please call: (512) 475-4879
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