22 Tex. Admin. Code § 322.5 - Telehealth
(a) When used in the rules of the Texas Board
of Physical Therapy Examiners, telehealth is the use of telecommunications or
information technology to provide physical therapy services to a patient who is
physically located at a site in Texas other than the site where the physical
therapist or physical therapist assistant is located, whether or not in
Texas.
(b) Physical therapy
telehealth services must be provided by a physical therapist or physical
therapist assistant under the supervision of the physical therapist who
possesses a current:
(1) unrestricted Texas
license; or
(2) Compact Privilege
to practice in Texas.
(c) The provision of physical therapy
services via telehealth requires synchronous audiovisual or audio interaction
between the physical therapist or physical therapist assistant and the
patient/client, which may be accompanied by the use of asynchronous store and
forward technology.
(d) Standard of
Care. A physical therapist or physical therapist assistant that provides
telehealth services:
(1) is subject to the
same standard of care that would apply to the provision of the same physical
therapy service in an in-person setting; and
(2) the physical therapist is responsible for
determining whether an evaluation or intervention may be conducted via
telehealth or must be conducted in an in-person setting.
(e) Informed Consent. A physical therapist
that provides telehealth services must obtain and maintain the informed consent
of the patient, or of another individual authorized to make health care
treatment decisions for the patient, prior to the provision of telehealth
services.
(f) Confidentiality. A
physical therapist or physical therapist assistant that provides telehealth
services must ensure that the privacy and confidentiality of the patient's
medical information is maintained during and following the provision of
telehealth services, including compliance with HIPAA regulations and other
federal and state law.
(g) The
failure of a physical therapist or physical therapist assistant to comply with
this section shall constitute detrimental practice and could subject the
licensee to disciplinary action by the Board.
(h) Provision of telehealth services by a
physical therapist assistant must occur under the supervision of the physical
therapist in accordance with rule §
322.3 of
this title (relating to Supervision).
(i) Telehealth is a mode for providing
one-on-one physical therapy services to a patient/client and is not a means for
supervision of physical therapy aides.
Notes
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