24 Del. Admin. Code § 2000-4.0

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

Section 2000-4.0 - Telehealth

4.1 Telehealth is the use of electronic communications to provide and deliver a host of health-related information and health-care services including occupational therapy services as defined in 24 Del.C. § 2002.

4.2 The Occupational Therapist and Occupational Therapist Assistant (referred to as "licensee" for the purpose of this regulation) who provides treatment through telehealth shall meet the following requirements:

4.2.1 Location of patient during treatment through telehealth

4.2.1.1 An occupational therapy practitioner is required to be licensed in Delaware if the practitioner provides occupational therapy services to a client who is in Delaware.

4.2.2 Informed consent

4.2.2.1 Before services are provided through telehealth, the licensee shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient.

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

4.2.2.1.2 The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care.

4.2.3 Confidentiality. The licensee 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.

4.2.4 Competence and scope of practice

4.2.4.1 The licensee shall be responsible for determining and documenting that telehealth is an appropriate level of care for the patient.

4.2.4.2 The licensee shall comply with the Board's law and rules and regulations and all current standards of care requirements applicable to onsite care.

4.2.4.3 The licensee shall limit the practice of telehealth to the area of competence in which proficiency has been gained through education, training and experience.

4.2.4.4 The occupational therapist who screens, evaluates, writes or implements the plan of care is responsible for determining the need for the physical presence of an occupational therapy practitioner during any interactions with clients.

4.2.4.5 Subject to the supervision requirements of Board subsection 1.2, the occupational therapist will determine the amount and level of supervision needed during telehealth.

4.2.4.6 The licensee shall document in the file or record which services were provided by telehealth.

24 Del. Admin. Code § 2000-4.0

20 DE Reg. 821 (4/1/2017)
24 DE Reg. 380 (10/1/2020) (Final)