LAC 46:VIII.204. Telehealth Standards

A. This Chapter provides for, promotes, and regulates the use of telehealth. Further, it defines and establishes the minimum standards for the delivery of applied behavior analysis services when implementing or utilizing telehealth services. The standard of care for telehealth services shall be substantially equivalent to the standard of care for services delivered in person. B. Applied behavior analysis delivered through telehealth between a licensee and client, separated by distance shall be in compliance with R.S. 40:1223.1 et seq., known as the “Louisiana Telehealth Access Act”, including any amendments thereto. Applied behavior analysis via electronic means shall be held to the same accepted standards as those in traditional (face-to-face) settings. Utilization of interactive audio without the requirement of video must be determined by the licensee to meet the same standard of care and not be compromised by the use of telehealth or violate R.S. 40:1223.1. C. Licensees who provide telehealth must be licensed in Louisiana and must also be licensed in the state where the client is located, if licensing is required. D. At the onset of telehealth, the licensee shall obtain written informed consent of the client/guardian and shall document such consent in the client’s record. Electronic signatures (time stamped) may be used in the documentation of informed consent. Provisions of informed consent shall include: 1. mode of technology-assisted media being utilized and plans for technical failure; 2. scheduling and structure of telehealth services; 3. risks of telehealth; 4. privacy and limits of confidentiality; 5. contact between sessions; 6. emergency plan; 7. consultation and coordination of care with other professionals; 8. referrals and termination of services; 9. information and record keeping; 10. billing and third-party payors; 11. ethical and legal rights, responsibilities, and limitations within and across state lines. E. At the onset of each session, the licensee shall verify and document the identity and location of the licensee and the client; and verify the identity of the parent or guardian consenting to the minor’s treatment.