Tenn. Comp. R. & Regs. 1370-01-.21 - TELECOMMUNICATIONS AND TELESUPERVISION

(1) Policy Statement. Telecommunications may be used to deliver services to clients in Tennessee who are physically present at a different location in this state at the time they receive the services. Such use of telecommunications is in the public interest provided the practitioners comply with the requirements of T.C.A. § 63-1-155 and this rule.
(2) Pursuant to T.C.A. § 63-1-155, Audiologists, Speech Language Pathologists, Clinical Fellows, Speech Language Pathology Assistants, and Audiology Clinical Externs are considered healthcare providers authorized to engage in telecommunications.
(3) For purposes of this rule, synchronous telecommunications and asynchronous telecommunications shall have the same definitions found in T.C.A. § 63-1-155(a)(3)(A) for "Telehealth" and 63-1-155(a)(2) for "Store-and-forward telemedicine services", respectively.
(4) Telecommunications shall include but not be limited to dedicated video systems, computers, and other similar electronic devices linked via hardwired or internet connections.
(5) The services delivered through the use of telecommunications shall be equivalent in quality to services delivered face-to-face.
(6) Providers using telecommunications to deliver services must have the necessary knowledge and skills, obtained through education, training, and experience, to utilize such technology in a competent manner.
(7) Synchronous telecommunications is preferred, but asynchronous telecommunication, as authorized in T.C.A. § 63-1-155, may be utilized in the provider's discretion provided that requirements of T.C.A. §§ 63-17-101, et seq. do not require a face-to-face interaction.
(8) Providers utilizing telecommunications to deliver services to a client are responsible for:
(a) Assessment of the ability of the client to participate meaningfully in the services delivered in this manner, including but not limited to the client's physical, cognitive, and behavioral abilities; and
(b) Proper calibration of the clinical instruments utilized to deliver services in accordance with standard operating procedures and manufacturer's specifications.
(9) The client and/or the client's family members or caregivers shall be informed of the available service delivery options and shall give consent to the use of telecommunications before that method of service delivery is utilized.
(10) When delivering services through the use of telecommunications, providers shall:
(a) Comply with all laws and rules governing the maintenance of client records, including but not limited to client confidentiality requirements; and
(b) Comply with all professional standards governing the delivery of services.
(11) This rule applies only to the delivery of services to patients physically located within the state of Tennessee, which requires a license under T.C.A. §§ 63-17-101, et seq., unless such services are being rendered by a volunteer under T.C.A. § 63-1-155(g). Any provider who is licensed by the Board and who wishes to deliver telecommunications services to a patient located in another state must comply with the applicable laws of the other state.
(12) Telesupervision of Clinical Fellows, Speech Language Pathology Assistants, and Clinical Externs by the Supervising Licensee is authorized as part of direct supervision.

Notes

Tenn. Comp. R. & Regs. 1370-01-.21
Original rule filed April 10, 2014; effective July 9, 2014. Amendments filed March 16, 2023; effective 6/14/2023.

Authority: T.C.A. §§ 63-1-155 and 63-17-105.

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