Current through Register Vol. XLI, No. 50, December 13, 2024
Section 29-1-17 - Telepractice17.1. Definitions. 17.1.1. "Asynchronous" is defined as images or data that are captured and transmitted for later review by a provider.17.1.2. "Client/Patient" is defined as a consumer of telepractice services.17.1.3. "Facilitator" is defined as the individual at the client site who facilitates the telepractice service delivery at the direction of the speech-language pathologist or audiologist. For purposes of fulfilling the facilitator role at the direction of the speech-language pathologist or audiologist, an individual does not have to become licensed as an aide.17.1.4. "Provider" is defined as a speech-language pathologist or audiologist, fully licensed by the board, who provides telepractice services.17.1.5. "Service Delivery Model" is defined as the method of providing telepractice services.17.1.6. "Site" is defined as the client/patient location for receiving telepractice services.17.1.7. "Stored Clinical Data" is defined as video clips, sound/audio files, photo images, electronic records, and written records that may be available for transmission via telepractice communications.17.1.8. "Synchronous" is defined as interactive audio and video telepractice service occurring in real time.17.1.9. "Telepractice Service" is defined as the use of synchronous or a synchronous telecommunications technology or audio only telephone calls by a health care practitioner to provide health care services, including, but not limited to the assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include internet questionnaires, email messages, or facsimile transmissions.17.2. Service Delivery Models 17.2.1. Telepractice Services may be delivered in a variety of ways, including, but not limited to those set out in this section.17.2.1.a. Store-and-forward model is the asynchronous capture and transmission of clinical data from one location to a provider.17.2.1.b. Synchronous clinician interactive model is a real time interaction between the provider and client/patient that may occur via encrypted audio and video transmission over telecommunication links including, but not limited to, video conferencing.17.3. Guidelines for Use of Facilitators 17.3.1. Facilitators may be used to assist clients on site when telepractice services are provided. The Speech-Language Pathologist or Audiologist is responsible for conducting the session and directing the activities of the facilitator. The facilitator may be a teacher's aide, a nursing assistant, a speech-language pathology or audiology assistant or other type of support personnel.17.3.2. The Speech-Language Pathologist or Audiologist is responsible for ensuring the facilitator is appropriately trained to provide the type of assistance needed. Activities may include: 17.3.2.a. Escorting the client or patient or student to and from sessions;17.3.2.b. Establishing and troubleshooting the telepractice connection;17.3.2.c. Setting up therapy materials;17.3.2.d. Positioning the client/patient at the direction of the Speech-Language Pathologist or Audiologist;17.3.2.e. Remaining with the client/patient or student during sessions;17.3.2.f. Assisting with behavior management, as needed;17.3.2.g. Communicating with on-site staff or teachers about scheduling, and17.3.2.h. In some instances, serving as the interpreter.17.4. Guidelines for Use of Telepractice. 17.4.1. The provider shall comply with the West Virginia Board of Examiners for Speech-Language Pathology and Audiology Code of Ethics as set forth in W. Va. Code Rule §29-1, § 29-5-2 and Scope of Practice requirements set forth in W.Va. Code § 30-32-13 & § 30-32-14, when providing telepractice services. A provider who fails to comply may be subject to disciplinary action as described in W.Va. Code § 30-32-19.17.4.2. Telepractice services delivered via telecommunication technology shall be equivalent to the quality, scope and nature of services delivered face-to-face, i.e., in person.17.4.3. The quality of electronic transmissions shall be appropriate for the delivery of telepractice services as if those services were provided in person.17.4.4. Providers shall have the knowledge and skills to competently deliver services via telecommunication technology by virtue of education, training and experience.17.4.5. Providers are responsible for assessing the client's candidacy for telepractice including behavioral, physical and cognitive abilities to participate in services provided via telecommunications.17.4.6. A provider shall be sensitive to cultural and linguistic variables that affect the identification, assessment, treatment and management of the clients/patients.17.4.7. Equipment used for the delivery of telepractice services at the provider site shall be maintained in appropriate operational status to provide the appropriate quality of services.17.4.8. Equipment used at the client/patient site shall be in appropriate working condition and considered appropriate by the provider.17.4.9. 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.17.4.10. Telepractice providers shall comply with all laws and rules governing the maintenance of patient/client records, including patient/client confidentiality requirements, regardless of the state where the records of any patient/client within this state are maintained.17.4.11. Notification of telepractice services shall be provided by the practitioner to the patient/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 telepractice services and options for service delivery.17.5. Limitations of Telepractice Services17.5.1. Telepractice services shall not be provided by correspondence only, e.g., mail, email, fax, although correspondence may be adjuncts to telepractice.17.5.2. Telepractice services shall not be provided by:17.5.2.a. Speech Pathology or Audiology Assistants17.6. Licensure Requirements for Providing Telepractice Services.17.6.1. A provider of telepractice services who practices in this State shall be licensed by the Board, per license requirements set forth in W.Va. Code, § 30-32-9., § 30-32-10. & W.Va.. Code Rule § 29-1-3., § 29-1-4., and § 29-1-5.17.6.2. A provider of telepractice services who resides out of this State and who provides telepractice services to clients/patients in West Virginia shall be registered by the Board, per registration requirements set forth in W.Va. Code, § 30-1-26et seq,& W.Va. Code Rule § 29-1-16.17.6.3. A provider of telepractice services shall be competent in both the type of services provided and the methodology and equipment used to provide the services.