Cal. Code Regs. Tit. 16, § 4172 - Standards of Practice for Telehealth

(a) In order to provide occupational therapy services via telehealth as defined in Section 2290.5 of the Code, an occupational therapist or occupational therapy assistant providing services to a patient or client in this State must have a valid and current license issued by the Board.

(b) An occupational therapist shall inform the patient or client about occupational therapy services via telehealth and obtain consent prior to delivering those services, consistent with Section 2290.5 of the Code.

(c) An occupational therapist shall determine whether an in-person evaluation or in-person interventions are necessary considering: the complexity of the patient's/client's condition; his or her own knowledge, skills, and abilities; the nature and complexity of the intervention; the requirements of the practice setting; and the patient's/client's context and environment.

(d) An occupational therapist or occupational therapy assistant providing occupational therapy services via telehealth must:

(1) Exercise the same standard of care when providing occupational therapy services via telehealth as with any other mode of delivery of occupational therapy services;

(2) Provide services consistent with section 2570.2(k) of the Code; and

(3) Comply with all other provisions of the Occupational Therapy Practice Act and its attending regulations, including the ethical standards of practice set forth in section 4170, as well as any other applicable provisions of law.

(e) Failure to comply with these regulations shall be considered unprofessional conduct as set forth in the Occupational Therapy Practice Act.

Notes

Cal. Code Regs. Tit. 16, § 4172

1. New section filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(a) (Register 2014, No. 1).
2. Amendment of subsection (b), repealer of subsections (c)-(c)(2), subsection relettering and amendment of newly designated subsection (c) filed 1-11-2017; operative 4-1-2017 (Register 2017, No. 2).

Note: Authority cited: Business and Professions Code section 2570.20. Reference: Business and Professions Code sections 2290.5 and 2570.20.

1. New section filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(a)(Register 2014, No. 1).
2. Amendment of subsection (b), repealer of subsections (c)-(c)(2), subsection relettering and amendment of newly designated subsection (c) filed 1-11-2017; operative 4/1/2017 (Register 2017, No. 2).