201 Ky. Admin. Regs. 17:110

Current through Register Vol. 51, No. 6, December 1, 2024

Section 201 KAR 17:110 - Telehealth and telepractice

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).

201 KAR 17:110

39 Ky.R. 918; 1463; 1680; eff. 3-8-2013; Crt eff. 2-21-2020; 48 Ky.R. 2498, 2958; eff. 7/20/2022.

STATUTORY AUTHORITY: KRS 334A.080(1), 334A.200, 211.336(3)