Section 5119.368 - Telehealth services; written policies and procedures; disclosure of risks(A) As used in this section, "telehealth services" has the same meaning as in section 4743.09 of the Revised Code.(B) Each community mental health services provider and community addiction services provider shall establish written policies and procedures describing how the provider will ensure that staff persons assisting clients with receiving telehealth services or providing telehealth services are fully trained in using equipment necessary for providing the services.(C) Prior to providing telehealth services to a client, a provider shall describe to the client the potential risks associated with receiving treatment through telehealth services and shall document that the client was provided with the risks and agreed to assume those risks. The risks communicated to a client shall address the following: (1) Clinical aspects of receiving treatment through telehealth services;(2) Security considerations when receiving treatment through telehealth services;(3) Confidentiality for individual and group counseling.(D) It is the responsibility of the provider, to the extent possible, to ensure contractually that any entity or individuals involved in the transmission of information through telehealth mechanisms guarantee that the confidentiality of the information is protected.(E) Every provider shall have a contingency plan for providing telehealth services to clients in the event that technical problems occur during the provision of those services.(F) Providers shall maintain, at a minimum, the following information pertaining to local resources: (1) The local suicide prevention telephone hotline, if available, or the national suicide prevention telephone hotline.(2) Contact information for the local police and fire departments. The provider shall provide the client written information on how to access assistance in a crisis, including one caused by equipment malfunction or failure.
(G) It is the responsibility of the provider to ensure that equipment meets standards sufficient to do the following: (1) To the extent possible, ensure confidentiality of communication;(2) Provide for interactive communication between the provider and the client;(3) When providing telehealth services using synchronous technology, ensure that video or audio are sufficient to enable real-time interaction between the client and the provider and to ensure the quality of the service provided.(H) A mental health facility or unit that is serving as a client site shall be maintained in such a manner that appropriate staff persons are on hand at the facility or unit in the event of a malfunction with the equipment used to provide telehealth services.(I)(1) All telehealth services provided by interactive videoconferencing shall meet both of the following conditions: (a) Begin with the verification of the client through a name and password or personal identification number when treatment services are being provided;(b) Be provided in accordance with state and federal law.(2) When providing telehealth services in accordance with this section, a provider shall comply with all requirements under state and federal law regarding the protection of patient information. Each provider shall ensure that any username or password information and any electronic communications between the provider and a client are securely transmitted and stored.(J) The department of mental health and addiction services may adopt rules as it considers necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. Any such rules adopted by the department are not subject to the requirements of division (F) of section 121.95 of the Revised Code.Added by 134th General Assembly, HB 122,§1, eff. 3/23/2022.