16 Tex. Admin. Code § 121.79 - License Holder Responsibilities for Providing Telehealth Services and Using Telehealth
(a) Applicability.
(1) Except where noted, this subchapter
applies to behavior analysts and assistant behavior analysts, as authorized
under this subchapter.
(2) Except
to the extent it imposes additional or more stringent requirements, this
subchapter does not affect the applicability of any other requirement or
provision of law to which an individual is otherwise subject under this chapter
or other law.
(b)
Licensure and Scope of Practice.
(1) An
individual shall not provide telehealth services to a client in the State of
Texas, unless the individual is licensed by the department and qualifies as a
provider, as that term is defined in this subchapter, or is otherwise legally
authorized to do so.
(2) A provider
may provide only those telehealth services that are within the course and scope
of the provider's license and competence and delivered in accordance with the
requirements of that license and pursuant to the terms and conditions set forth
in this chapter.
(3) A provider may
engage in direct observation, direct supervision, or indirect supervision
in-person and on-site, through telehealth, or in another manner approved by the
provider's certifying entity. Supervision provided through telehealth must meet
the standards of the certifying entity.
(c) Competence and Standard of Practice; Code
of Ethics.
(1) A provider shall be competent
in both the type of services provided and the methodology and equipment used to
provide the service.
(2) A provider
shall comply with the code of ethics and scope of practice requirements in this
chapter when providing telehealth services.
(3) The scope, nature, and quality of the
services provided via telehealth shall be the same as the services provided
during in-person sessions.
(4) A
provider shall determine whether a particular service or procedure is
appropriate to be provided via telehealth. A provider shall maintain a focus on
evidence-based practice and identify appropriate meaningful outcomes for a
client. When an established telehealth procedure is not available, the provider
shall notify the client or multi-disciplinary team, as appropriate, that the
effectiveness of the procedure has not yet been established for the method,
manner, or mode of treatment.
(5)
Documentation of telehealth services shall include documentation of the date
and nature of services performed by the provider through telehealth and the
assistive tasks of the facilitator, if used.
(6) A provider shall:
(A) consider relevant factors including the
client's behavioral, physical, and cognitive abilities in determining the
appropriateness of providing services via telehealth;
(B) be aware of the client's level of comfort
with the technology being used as part of the telehealth services;
and
(C) be sensitive to cultural
and linguistic variables that affect the identification, assessment, treatment,
or management of a client when providing services through telehealth.
Notes
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