W. Va. Code R. § 13-9-5 - [Effective 7/1/2025] Telehealth practice

5.1. Prior to providing occupational therapy services via telehealth:

5.1.1. An occupational therapist shall determine whether an in-person evaluation is necessary and make every attempt to ensure that a therapist is available if an on-site visit is required;

5.1.2. An occupational therapist shall determine whether in-person interventions are necessary and make every attempt to ensure an on-site occupational therapist or occupational therapy assistant shall provide the appropriate interventions;

5.1.3. Occupational therapy personnel shall obtain informed consent of the delivery of service via telehealth from the patient/client prior to initiation of occupational therapy services via telehealth and maintain documentation of the consent-to-treat process and content in the patient's or client's health records.

5.2. An occupational therapist or occupational therapy assistant providing occupational therapy services via telehealth must:

5.2.1. Exercise the same standard of care when providing occupational therapy services via telehealth as with any other mode of service delivery;

5.2.2. Comply with provisions of W. Va. Code §30-28- et seq., the Occupational Therapy Practice Act and its Legislative Rules;

5.2.3. Secure and maintain the confidentiality of medical information of the patient/client as required by HIPAA and state and federal law. The nature of the service delivery as being performed through telehealth should be thoroughly documented.

5.3. Occupational therapy assistants working under general supervision, as defined in §13 CSR 1, can provide services via telehealth. Telehealth cannot be used when direct supervision, as defined in §13 CSR 1, is required (i.e. Limited Permit holders, students, aides). All supervision requirements, as defined in §13 CSR 1, must be followed.

Notes

W. Va. Code R. § 13-9-5