Current through all regulations passed and filed through September 16, 2024
(A) Definitions
In this chapter, the following terms have the meanings
indicated.
(1) "Asynchronous" means
recorded therapy sessions submitted for later review.
(2) "Board" means the Ohio
speech and hearing professionals board.
(3)
"Facilitator" means the individual at the client site who facilitates the
telehealth service delivery at the direction of the audiologist or speech
language pathologist. For purposes of fulfilling their role, as defined under
this chapter, an individual may serve as a facilitator, at the direction of the
audiologist or speech language pathologist, without becoming licensed as an
aide under section 4753.072 of the Revised
Code.
(4) "Patient" means a
consumer of telehealth services.
(5) "Provider" means an audiologist or
speech-language pathologist who provides telehealth services.
(6) "Service delivery model" means the method
of providing telehealth services.
(7) "Site" means the client/patient location
for receiving telehealth services.
(8) "Stored clinical data" means video clips,
sound/audio files, photo images, electronic records, and written records that
may be available for transmission via telehealth communications.
(9) "Synchronous" means therapy sessions
occurring via telepractice applications using real time, encrypted
videoconferencing.
(10)
"Telehealth" means the use of telecommunications and information technologies
for the exchange of information from one site to another for the provision of
audiology or speech-language pathology services to an individual from a
provider through hardwire or internet connection.
(11) "Telepractice" means the practice of
telehealth.
(B) Service
delivery models
(1) Telehealth may be
delivered in a variety of ways, including but not limited to, those models
listed this paragraph.
(2)
Store-and-forward model/electronic transmission is an asynchronous electronic
transmission of stored clinical data from one location to another usually by
the internet via email and fax.
(3)
Synchronous clinician interactive model is a real time interaction between the
provider and patient that may occur via encrypted audio and video transmission
over telecommunication links including, but not limited to,
videoconferencing.
(4) Live versus
stored data refers to the actual data transmitted during the telepractice. Both
live, real-time and stored clinical data may be included during the
telepractice.
(C)
Guidelines for the use of telehealth
(1) A
provider shall be accountable for any ethical and scope of practice
requirements when providing telehealth services.
(2) The scope, nature, and quality of
services provided via telepractice are the same as that provided during
in-person sessions by the provider.
(3) The quality of electronic transmissions
shall be appropriate for the provision of telehealth services as if those
services were provided in person.
(4) A provider shall only utilize technology
with which they are competent to use as part of their telepractice
services.
(5) Equipment used for
telehealth services shall be maintained in appropriate operational status to
provide appropriate quality of services.
(6) Equipment used at the site at which the
patient is present shall be in appropriate working condition and deemed
appropriate by the provider.
(7)
The provider shall be responsible for assessing the client's candidacy for
telehealth, including behavioral, physical, and cognitive abilities to
participate in services provided via telecommunications.
(8) A provider shall be aware of the
patient's level of comfort with the technology being used as part of the
telehealth services and only accept for treatment via telecommunications
patients who can reasonably be expected to benefit from a service delivery
model in paragraph (B) of this rule and continue with such treatment when there
is reasonable expectation of further benefit.
(9) As pertaining to liability and
malpractice issues, a provider shall be held to the same standards of practice
as if the telepractice services were provided in person.
(10) A provider shall be sensitive to
cultural and linguistic variables that affect the identification, assessment,
treatment, and management of the clients.
(11) Telehealth providers shall comply with
all laws, rules, and regulations governing the maintenance of client records,
including client confidentiality requirements, regardless of the state where
the records of any client within this state are maintained.
(12) Notification of telehealth services
should be provided to the client, the guardian, the caregiver, and the
multi-disciplinary team, if appropriate. The notification shall include, but
not be limited to: the right to refuse telehealth services, options for service
delivery, and instructions on filing and resolving complaints.
(D) Limitations of telehealth
services
A provider of telehealth services shall inform the patient as
to the limitations of providing these services, including, but not limited to,
the following:
(1) The inability to
have direct, physical contact with the patient is a primary difference between
telehealth and direct in-person service delivery; and
(2) The quality of transmitted data may
affect the quality of services provided by the provider.
(E) Requirements of personnel providing
telehealth services
(1) A provider of
telehealth services who practices in the state shall be licensed by the
board.
(2) A provider of telehealth
services shall be competent in both the type of services provided and the
methodology and equipment used to provide the service.
(3) A provider of telehealth services who
resides out of state and who provides services to Ohio residents shall be
licensed by the board.
Effective: 8/12/2019
Five Year
Review (FYR) Dates: 9/18/2023
Promulgated Under:
119.03
Statutory
Authority: 4744.28,
4753.05
Rule
Amplifies: 4753.02,
4753.06
Prior
Effective Dates: 07/01/2013