Title 201 | Chapter 022 | Regulation 160


201 KAR 22:160.Telehealth and telephysical therapy.

Section 1.

Patient Identity, Communication, and Informed Consent Requirements. A credential holder using telehealth to deliver physical therapy services or who practices telephysical therapy shall, upon an initial contact with the patient:

(1)

Verify the identity of the patient;

(2)

Obtain alternative means of contacting the patient;

(3)

Provide to the patient alternative means of contacting the credential holder;

(4)

Provide contact methods of alternative communication the credential holder shall use for emergency purposes;

(5)

Not use personal identifying information in non-secure communications; and

(6)

Inform the patient and document acknowledgement of the risk and limitations of:

(a)

The use of electronic communications in the provision of physical therapy;

(b)

The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of physical therapy; and

(c)

The potential disruption of electronic communication in the use of telephysical therapy.

Section 2.

Competence, Limits on Practice, Maintenance, and Retention of Records. A credential holder using electronic communication to deliver physical therapy services or who practices telephysical therapy shall:

(1)

Be responsible for determining and documenting that telehealth is appropriate in the provision of physical therapy;

(2)

Limit the practice of telephysical therapy to the area of competence in which proficiency has been gained through education, training, and experience;

(3)

Document which physical therapy services were provided by telephysical therapy;

(4)

Follow the record-keeping requirements of 201 KAR 22:053, Section 5; and

(5)

Ensure that confidential communications obtained and stored electronically shall not be recovered and accessed by unauthorized persons when the credential holder disposes of electronic equipment and data.

Section 3.

Compliance with State Law. A credential holder practicing telephysical therapy shall be:

(1)

Licensed to practice physical therapy where the patient is physically present or domiciled; or

(2)

Otherwise authorized by law to practice physical therapy in another jurisdiction where the patient is physically present or domiciled.

HISTORY: (40 Ky.R. 2227; 41 Ky.R. 32; eff. 8-1-2014; Crt eff. 6-4-2018.)

7-Year Expiration: 6/4/2025

Last Updated: 12/15/2021


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