Earning health professions licenses or certificates regulated by the Texas Department of Licensing and Regulation (TDLR) requires substantial time and training. The potential sanctions of a complaint and disciplinary proceedings against your license, which can result when you violate a rule or law applicable to your profession, can be severe. Therefore, you must be fully aware of all the laws and rules you must follow, including those related to the provision of telehealth services in various health professions. A TDLR license defense attorney can help you fight back against the allegations you are facing and work to minimize any sanctions that your licensing board may seek.
Health Professions that the TDLR Regulates
The TDLR regulates selected health occupations, including midwives, speech-language pathologists and audiologists, hearing instrument fitters and dispensers, athletic trainers, behavior analysts, orthotists and prosthetists, and dieticians. As a result, individuals in these health occupations must follow certain standards, such as those concerning standard of care, client privacy, and the provision of telehealth services. Some of these standards are specific to each type of occupation, while others are equally applicable to all health occupations that the TDLR regulates.
Telehealth Standards for TDLR Health Professions
The telehealth standards apply equally to all individuals in the health professionals that the TDLR regulates. Under 16 Tex. Admin. Code §100.61(4), telehealth service means “a health service delivered by a health professional acting within the scope of the health professional’s license to a client at a different physical location than the health professional using telecommunications or information technology.”
Texas law requires that health professionals possess the valid license type required by the TDLR to deliver the applicable telehealth service to a client in Texas when the service is provided, regardless of the provider’s location when providing the telehealth service. The same standard of care that applies to the individual providing services in an in-person setting applies to telehealth services.
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Furthermore, under 16 Tex. Admin. Code §100.64, a health professional providing telehealth services must ensure that the telecommunications or information technology used to provide the services is of sufficient quality to meet the applicable standard of care. The health professional also must ensure that the client or their representative can provide all necessary diagnostic information and understand all communications necessary to provide the requisite standard of care. Health professionals also must take the following steps to provide proper client telehealth care:
- Inform the client about the capabilities and limitations of any telehealth service to be provided;
- Ensure that informed consent is obtained if it would be required for an in-person service of the same type;
- Allow the client to refuse delivery of telehealth services at any time; and
- Provide the client with information about follow-up care if indicated by the applicable standard of care for the service provided.
Texas law also requires health professionals to do the following to prevent fraud and abuse when providing telehealth services:
- Take reasonable steps to verify the identity of the client matches the person scheduled to receive the telehealth services;
- Document a telehealth service to the same extent as required for that of an in-person service;
- Ensure that any additional required telehealth-related documentation is maintained according to the laws and rules governing the practice of health professionals; and
- Ensure appropriate protocols are in place to prevent unauthorized access to client communications and claim information.
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16 Tex. Admin. Code §100.65 addresses client privacy when health professionals provide telehealth services. More specifically, this section requires health professionals to take appropriate measures to protect client communications, recordings, and records as required by federal and state privacy laws. Similarly, these professionals must ensure that all persons acting under their supervision, direction, or delegated authority follow federal and state privacy laws.
General Telehealth Standards
Tex. Occ. Code §111 et seq. outlines general standards that apply to health professionals regulated by the TDLR and to all health professionals generally, including those regulated by other agencies. §111.001(3) defines “telehealth service” as:
a health service, other than a telemedicine medical service or a teledentistry dental service, delivered by a health professional licensed, certified, or otherwise entitled to practice in this state and acting within the scope of the health professional’s license, certification, or entitlement to a patient at a different physical location than the health professional using telecommunications or information technology.
The provisions in this section of the Occupational Code cover issues such as informed consent, confidentiality, and the standard of care.
We Are Here to Defend Your Rights
Maintaining and defending your occupational health license during disciplinary proceedings can be a stressful, challenging, and lengthy process. The guidance of an experienced TDLR license defense lawyer can make all the difference in the outcome of your disciplinary proceedings. With a strong legal advocate on your side, you can put yourself in a better position to handle your situation. Contact Bertolino LLP at (512) 515-9518 or visit us online.
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