Delaware Administrative Code
Title 24 - Regulated Professions and Occupations
Department of State
Division of Professional Regulation
3700 - Board of Examiners of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers
Section 3700-10.0 - Telepractice
Universal Citation: 24 DE Admin Code 3700-10.0
Current through Register Vol. 28, No. 3, September 1, 2024
10.1 Telepractice is the application of telecommunications technology to the delivery of speech/language pathology, audiology and hearing aid dispensing professional services at a distance by linking clinician to client or clinician to clinician for intervention and/or consultation, subject to subsection 10.2.4.5, intervention and/or consultation.
10.2 The Speech/Language Pathologist, Audiologist, or Hearing Aid Dispenser (referred to as "licensee" for the purpose of this section) who provides treatment through telepractice shall meet the following requirements:
10.2.1 Location of client during treatment through telepractice.
10.2.1.1 The licensee shall have an active Delaware license in good standing to provide services through telepractice in the state of Delaware.
10.2.1.2 During the telepractice treatment session, the client shall be located within the borders of the State of Delaware.
10.2.2 Informed consent.
10.2.2.1 Before services are provided through telepractice, the licensee shall obtain written, informed consent from the client, or other appropriate person with authority to make health care treatment decisions for the client. At minimum, the informed consent shall inform the client and document acknowledgement of the risk and limitations of:
10.2.2.1.1 The use of electronic communications in the provision of care;
10.2.2.1.2 The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and
10.2.2.1.3 The potential disruption of electronic communication in the use of telepractice.
10.2.3 Confidentiality: The licensee shall ensure that the electronic communication is secure to maintain confidentiality of the client's health and/or educational information as required by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable Federal and State laws. Confidentiality shall be maintained through appropriate processes, practices and technology, including disposal of electronic equipment and data.
10.2.4 Competence and scope of practice.
10.2.4.1 The licensee shall be responsible for determining and documenting that telepractice is an appropriate level of care for the client.
10.2.4.2 The licensee shall comply with the Board's law and rules and regulations and all current standards of care requirements applicable to onsite care.
10.2.4.3 The licensee shall limit the practice of telepractice to the area of competence in which proficiency has been gained through education, training and experience.
10.2.4.4 Licensees who deliver telepractice services must possess specialized knowledge and skills in selecting interventions that are appropriate to the technology and that take into consideration client and disorder variables.
10.2.4.5 The licensee shall document in the file or record which services were provided by telepractice.
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