Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
319A.080,
319A.300
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
319A.300(2) requires the
board to promulgate an administrative regulation to implement telehealth in
occupational therapy, including to establish procedures to prevent abuse and
fraud through the use of telehealth, prevent fee-splitting through the use of
telehealth, and utilize telehealth in the provision of occupational therapy
services and in the provision of continuing education. Additionally,
KRS
319A.300(1) requires an
occupational therapist utilizing telehealth to ensure a patient's informed
consent and to maintain confidentiality. This administrative regulation
establishes the requirements for telehealth for occupational therapy
services.
Section 1. Definitions.
(1) "Client" means the person receiving the
services of the occupational therapist.
(2) "Telehealth is defined by
KRS
319A.300(3).
(3) "Telehealth occupational therapy" means
the practice of occupational therapy as defined by
KRS
319A.010(2), between the
occupational therapist or occupational therapist assistant and the patient that
is provided using:
(a) An electronic
communication technology; or
(b)
Two (2) way, interactive, simultaneous audio and video.
Section 2. Client Requirements. A
credential holder using telehealth to deliver occupational therapy services
shall, upon initial contact with the client:
(1) Make attempts to verify the identity of
the client;
(2) Obtain alternative
means of contacting the client other than electronically such as by the use of
a telephone number or mailing address;
(3) Provide to the client alternative means
of contacting the credential holder other than electronically such as by the
use of a telephone number or mailing address;
(4) Provide contact methods of alternative
communication the credential holder shall use for emergency purposes such as an
emergency on call telephone number;
(5) Document if the client has the necessary
knowledge and skills to benefit from the type of telehealth provided by the
credential holder;
(6) Use secure
communications with clients, including encrypted text messages via e-mail or
secure Web sites, and not use personal identifying information in non-secure
communications and;
(7) Inform the
client in writing about:
(a) The limitations
of using technology in the provision of telehealth occupational therapy
services;
(b) Potential risks to
confidentiality of information, or inadvertent access of protected health
information, due to technology in the provision of telehealth occupational
therapy services;
(c) Potential
risks of disruption in the use of telehealth occupational therapy
services;
(d) When and how the
credential holder will respond to routine electronic messages;
(e) In what circumstances the credential
holder will use alternative communications for emergency purposes;
(f) Who else may have access to client
communications with the credential holder;
(g) How communications can be directed to a
specific credential holder;
(h) How
the credential holder stores electronic communications from the client;
and
(i) How the credential holder
may elect to discontinue the provision of services through
telehealth.
Section
3. Competence, Limits on Practice, Maintenance, and Retention of
Records. A credential holder using telehealth to deliver occupational therapy
services or who practices tele-health occupational therapy shall:
(1) Limit the practice of telehealth
occupational therapy to the area of competence in which proficiency has been
gained through education, training, and experience;
(2) Maintain current competency in the
practice of telehealth occupational therapy through continuing education,
consultation, or other procedures, in conformance with current standards of
scientific and professional knowledge;
(3) Document the client's presenting problem,
purpose, or diagnosis;
(4) Follow
the record-keeping requirements of
201 KAR
28:140; and
(5) Ensure that confidential communications
obtained and stored electronically shall not be recovered and accessed by
unauthorized persons when the credential holder disposes of electronic
equipment and data.
Section
4. Compliance with Federal, State, and Local Law. A credential
holder using tele-health to deliver occupational therapy services or who
practices telehealth occupational therapy shall comply with:
(1) State law where the credential holder is
credentialed and be licensed to practice occupational therapy where the client
is domiciled or adhere to standards set forth in
201
KAR 28:030; and
(2) Section 508 of the Rehabilitation Act,
29 U.S.C.
794(d), to make technology
accessible to a client with disabilities.
Section 5. Representation of Services and
Code of Conduct.
(1) A credential holder
using telehealth to deliver occupational therapy services or who practices
telehealth occupational therapy shall:
(a) Not
by or on behalf of the credential holder engage in false, misleading, or
deceptive advertising of telehealth occupational therapy;
(b) Comply with
201 KAR
28:140; and
(c) Not allow fee-splitting through the use
of telehealth occupational therapy services.
(2) Occupational therapy continuing
competence educational processes established in
201 KAR
28:200, Section 3(1), (2), (3), (5), (8), and (11),
may occur through telehealth services.
STATUTORY AUTHORITY:
KRS
319A.070,
319A.300
