Current through Register Vol. XLI, No. 50, December 13, 2024
Section 16-1-12 - Telehealth12.1. Telehealth services may only be used to provide physical therapy services to a patient who is physically located at an originating site in West Virginia other than the site where the physical therapist or physical therapist assistant is located, whether or not in West Virginia. 12.2. Physical Therapy telehealth services must be provided by a physical therapist or physical therapist assistant under the supervision of the physical therapist who possesses a current: 12.2.1. unrestricted West Virginia license; or 12.2.2. Compact Privilege to practice in West Virginia. 12.3. The provision of physical therapy services via telehealth requires synchronous audiovisual interaction between the physical therapist or physical therapist assistant and the patient/client, which may be accompanied by the use of asynchronous store and forward technology. 12.4. Standard of Care. A physical therapist or physical therapist assistant that provides telehealth services is subject to the same standard of care that would apply to the provision of the same physical therapy service in an in-person setting. 12.5. Telehealth services may be used to establish a new patient relationship only if the physical therapist is physically available to perform an in-person hands-on examination and/or re-examination throughout the course of the patient's care. The physical therapist must determine if an in-person examination is required based on the physical therapist's clinical judgement and the standard of care. The in-person examination requirement may be temporarily waived when state regulations prevent face-to-face contact. 12.6. Informed Consent. A physical therapist 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.12.7. Confidentiality. A physical therapist or physical therapist assistant 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. 12.8. The failure of a physical therapist or physical therapist assistant to comply with this section shall constitute detrimental practice and could subject the licensee to disciplinary action by the Board.12.9. Provision of telehealth services by a physical therapist assistant must occur under the general supervision of the physical therapist in accordance with § 16-1-9 of this title. 12.10. Telehealth services cannot be used for supervision of physical therapy aides. 12.11. 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.