24 Del. Admin. Code § 1770-12.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1770-12.0 - Telehealth

12.1 The respiratory care practitioner who provides treatment through telehealth shall meet the following requirements:

12.1.1 Location of patient during treatment through telehealth

12.1.1.1 The respiratory care practitioner shall have an active Delaware license in good standing to practice telehealth in the state of Delaware; and

12.1.1.2 During the telehealth treatment session, the patient shall be located within the borders of the State of Delaware.

12.1.2 Informed consent

12.1.2.1 Before services are provided through telehealth, the respiratory care practitioner shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient. At minimum, the informed consent shall inform the patient and document acknowledgement of the risk and limitations of:

12.1.2.1.1 The use of electronic communications in the provision of care;

12.1.2.1.2 The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and

12.1.2.1.3 The potential disruption of electronic communication in the use of telehealth.

12.1.3 Confidentiality: The respiratory care practitioner shall ensure that the electronic communication is secure to maintain confidentiality of the patient's medical 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.

12.1.4 Competence and scope of practice:

12.1.4.1 The respiratory care practitioner shall be responsible for determining and documenting that telehealth is an appropriate level of care for the patient;

12.1.4.2 The respiratory care practitioner shall comply with the Council's and the Board's law and rules and regulations and all current standards of care requirements applicable to onsite care;

12.1.4.3 The respiratory care practitioner shall limit the practice of telehealth to the area of competence in which proficiency has been gained through education, training and experience; and

12.1.4.4 The respiratory care practitioner shall document in the file or record which services were provided by telehealth.

24 Del. Admin. Code § 1770-12.0

20 DE Reg. 187 (9/1/2016)
22 DE Reg. 232 (9/1/2018) (Final)