Texas Register

TITLE 16 ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 111SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER VTELEHEALTH
RULE §111.210Definitions Relating to Telehealth
ISSUE 12/24/2021
ACTION Final/Adopted
Preamble Texas Admin Code Rule

Unless the context clearly indicates otherwise, the following words and terms, when used in this subchapter, shall have the following meanings.

  (1)Client--A consumer or proposed consumer of speech-language pathology or audiology services.

  (2)Client site--The physical location of the client at the time the telehealth services are being provided.

  (3)Facilitator--The individual at the client site who assists with the delivery of the telehealth services at the direction of the provider.

  (4)Provider--An individual who holds a current speech-language pathology, audiology, or dual license under Texas Occupations Code §401.302 and §401.304; an individual who holds a current speech-language pathology intern or an audiology intern license under Texas Occupations Code §401.311; or an individual who holds a current speech-language pathology assistant or audiology assistant license under Texas Occupations Code §401.312.

  (5)Provider site--The physical location of the provider at the time the telehealth services are provided which is distant or remote from the client site.

  (6)Telecommunications--Interactive communication at a distance by concurrent two-way transmission, using telecommunications technology, of information, including, without limitation, sound, visual images, and/or computer data, between the client site and the provider site, and required to occur without a change in the form or content of the information, as sent and received, other than through encoding or encryption of the transmission itself for purposes of and to protect the transmission.

  (7)Telecommunications technology--Computers, smart phones, and equipment, other than analog telephone, email or facsimile technology and equipment, used or capable of use for purposes of telecommunications. For purposes of this subchapter, the term includes, without limitation:

    (A)compressed digital interactive video, audio, or data transmission;

    (B)clinical data transmission using computer imaging by way of still-image capture and storage and forward;

    (C)smart phones, or any audio-visual, real-time, or two-way interactive communication system; and

    (D)other technology that facilitates the delivery of telehealth services.

  (8)Telehealth--The use of telecommunications and information technologies for the exchange of information from one site to another for the provision of speech-language pathology or audiology services to a client from a provider, including for assessments, interventions, or consultations regarding a speech-language pathology or audiology client. For a provider who is an audiologist or an audiology intern, telehealth includes the use of telecommunications technology for the fitting and dispensing of hearing instruments. Telehealth is also referred to as telepractice.

  (9)Telehealth services--The application of telecommunication technology to deliver speech-language pathology and/or audiology services at a distance for assessment, intervention, and/or consultation including the rendering of audiology and/or speech-language pathology services through telehealth to a client who is physically located at a site other than the site where the provider is located. For a provider who is an audiologist or an audiology intern, telehealth services includes the fitting and dispensing of hearing instruments through telehealth to a client who is physically located at a site other than the site where the provider is located. Telehealth services are also referred to as telepractice services.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 10, 2021

TRD-202104978

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 30, 2021

Proposal publication date: September 10, 2021

For further information, please call: (512) 475-4879



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