Current through Register Vol. XLI, No. 50, December 13, 2024
Section 16-5-13 - Telehealth13.1. Telehealth services may only be used to provide athletic training services to a patient who is physically located at an originating site in West Virginia other than the site where the athletic trainer is located, whether or not in West Virginia; Provided, That telehealth services may be used to provide athletic training services to a patient who is physically located at an originating site outside of West Virginia other than the site where the athletic trainer is located, whether or not in West Virginia, if the patient has established a prior professional relationship with the athletic trainer, and if in compliance with applicable federal and state law where the originating site is located. 13.2. Athletic training telehealth services must be provided by an athletic trainer who possesses a current unrestricted West Virginia license. 13.3. The provision of athletic training services via telehealth requires synchronous audiovisual interaction between the athletic trainer and the patient/client, which may be accompanied by the use of asynchronous store and forward technology. 13.4. Standard of Care. An athletic trainer that provides telehealth services is subject to the same standard of care that would apply to the provisions of the same athletic training service in an in-person setting. 13.5. Telehealth services may only be performed once an in-person evaluation has been performed and a professional relationship with the patient has been established. 13.6. Informed Consent. An athletic trainer that provides telehealth services must obtain and maintain the informed consent of the patient, or of another individual authorized to make health care treatment decisions for the patient, prior to the provision of telehealth services. 13.7. Confidentiality. An athletic trainer that provides telehealth services must ensure that the privacy and confidentiality of the patient's medical information is maintained during and following the provision of telehealth services, including compliance with HIPAA regulations and other federal and state law.13.8. The failure of an athletic trainer to comply with this section shall constitute detrimental practice and could subject the licensee to disciplinary action by the Board. 13.9. The Board will investigate complaints regarding services provided via telehealth in the same manner as it investigates other complaints as set in statute and rule.