Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 334A.188,
334A.200,
211.332, 211.334, 211.336, 211.338
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
334A.200 requires the Board of Speech-
Language Pathology and Audiology to promulgate administrative regulations to
implement the use of telehealth services by speech-language pathologists and
audiologists. KRS 211.336 establishes requirements for state agencies that
promulgate administrative regulations relating to telehealth. This
administrative regulation establishes requirements for the use of telehealth
services.
Section 1. Definitions.
(1) "Client" means the person receiving the
services of the speech-language pathologist or audiologist and the
representative thereof if required by law.
(2) "Telehealth" is defined by
KRS
334A.200(3) and
211.332(5).
(3) "Telepractice"
means the practice of speech-language pathology or audiology, as defined by
KRS
334A.020(4) and KRS
334.020A(6) respectively, provided by using communication technology that is
two (2) way, interactive, and simultaneously audio and video.
Section 2. Client Requirements. A
practitioner-patient relationship may commence via telehealth. An in-person
initial meeting shall not be required unless the provider determines it is
medically necessary to perform those services in person as set forth in KRS
211.336(2)(a). A licensed health care practitioner may represent the licensee
at the initial meeting. A licensee who uses telehealth to deliver
speech-language pathology or audiology services or who telepractices or the
licensed healthcare practitioner representing the licensee shall, at the
initial meeting with the client:
(1) Make
reasonable attempts to verify the identity of the client;
(2) Obtain alternative means of contacting
the client other than electronically;
(3) Provide to the client alternative means
of contacting the licensee other than electronically;
(4) Document if the client has the necessary
knowledge and skills to benefit from the type of telepractice provided by the
licensee;
(5) In accordance with
KRS
334A.200(1)(a) and 900 KAR
12:005 Section 2(3), obtain the informed consent of the client; and
(6) Inform the client in writing about:
(a) The limitations of using technology in
the provision of telepractice;
(b)
Potential risks to confidentiality of information due to technology in the
provision of telepractice as required by
KRS
334A.200(1)(b);
(c) Potential risks of disruption in the use
of telepractice;
(d) When and how
the licensee will respond to routine electronic messages;
(e) In what circumstances the licensee will
use alternative communications for emergency purposes;
(f) Who else may have access to client
communications with the licensee;
(g) How communications can be directed to a
specific licensee;
(h) How the
licensee stores electronic communications from the client; and
(i) That the licensee may elect to
discontinue the provision of services through telehealth.
Section 3. Competence, Limits on
Practice, Maintenance, and Retention of Records. A licensee using telehealth to
deliver services or who telepractices shall:
(1) Limit the telepractice to the licensee's
scope of practice;
(2) Maintain
continuing competency or associate with a group who has experience in
telehealth delivery of care;
(3)
Use methods for protecting health information, which shall include
authentication and encryption technology as required by
KRS
334A.200(1)(b) and KRS
211.332(5)(c);
(4) Limit access to
that information to only those necessary for the provision of services or those
required by law; and
(5) Ensure
that confidential communications obtained and stored electronically cannot be
recovered and accessed by unauthorized persons when the licensee disposes of
electronic equipment and data.
Section 4. Compliance with Federal, State,
and Local Law.
(1) A licensee using telehealth
to deliver speech-language pathology and audiology services and telepractice
shall:
(a) Maintain patient privacy and
security in accordance with 900 KAR 12:005 Section 2(2); and
(b) Comply with Section 508 of the
Rehabilitation Act,
29 U.S.C.
794(d), to make technology
accessible to a client with disabilities.
(2) If a person provides speech-language
pathology and audiology services via telepractice to a person physically
located in Kentucky at the time the services are provided, that provider shall
be licensed by the board or be a provider who is a participant in the audiology
and speech-language pathology interstate compact recognized in KRS 334A.188 and
delivers telehealth services to a person in Kentucky under the standards and
provisions of that interstate compact pursuant to KRS 211.336(2)(f).
(3) A person providing speech-language
pathology and audiology services via telepractice from a physical location in
Kentucky shall be licensed by the board. This person may be subject to
licensure requirements in other states where the services are received by the
client.
Section 5.
Representation of Services and Code of Conduct. A licensee using telehealth to
deliver services or who telepractices:
(1)
Shall conform to the statutes and regulations governing the provision of
speech-language pathology and audiology services in Kentucky;
(2) Shall not engage in false, misleading, or
deceptive advertising of telepractice in violation of
KRS
334A.200(2)(a);
and
(3) Shall not split fees in
violation of
KRS
334A.200(2)(b).
STATUTORY AUTHORITY:
KRS
334A.080(1),
334A.200,
211.336(3)