Title 201 | Chapter 043 | Regulation 100
PREVIOUS VERSION
The previous document that this document is based upon is available.
201 KAR 43:100.Telehealth and telepractice.
Section 1.
Requirements for Licensees Providing Applied Behavior Analytic Services via Telehealth.(1)
A licensee who provides applied behavior analytic services via telehealth shall:(a)
Maintain competence with the technologies utilized, including understanding and adequately addressing the actual and potential impact of those technologies on clients, supervisees, or other professionals;(b)
Maintain compliance with KRS Chapter 319C, 201 KAR Chapter 43, and all other applicable federal, state, and local laws;(c)
At the onset of the delivery of care via telehealth, identify appropriate emergency response contacts local to the client so that those contacts shall be readily accessible if there is an emergency;(d)
Protect and maintain the confidentiality of data and information in accordance with all applicable federal, state, and local laws; and(e)
Dispose of data and information only in accordance with federal, state, and local law and in a manner that protects the data and information from unauthorized access.(2)
If applied behavior analysis commences via telehealth,the licensee shall, at the initial meeting with the client:(a)
Make reasonable attempts to verify the identity of the client;(b)
Obtain alternative means of contacting the client other than electronically;(c)
Provide to the client alternative means of contacting the licensee other than electronically;(d)
Document if the client has the necessary knowledge and skills to benefit from the type of telehealth to be provided by the licensee; and(e)
Inform the client in writing about and obtain the client's informed written consent regarding:1.
The limitations of using technology in the provision of applied behavior analytic services;2.
Potential risks to confidentiality of information due to technology in the provision of applied behavior analytic services;3.
Potential risks of disruption in the use of telehealth technology;4.
When and how the licensee will respond to routine electronic messages;5.
In what circumstances the licensee will use alternative communications for emergency purposes;6.
Who else may have access to client communications with the licensee;7.
How communications can be directed to a specific licensee;8.
How the licensee stores electronic communications from the client; and9.
That the licensee or client may elect to discontinue the provision of services through telehealth at any time.Section 2.
Jurisdictional Considerations.(1)
A person providing applied behavior analytic services via telehealth to a person physically located in Kentucky while services are provided shall be required to be licensed by the board.(2)
A person providing applied behavior analytic services via telehealth from a physical location in Kentucky shall be required to be licensed by the board and may be subject to licensure requirements in other states if services are received by the client in another state.Section 3.
Representation of Services and Code of Conduct. A licensee using telehealth to deliver services shall not:(1)
Engage in false, misleading, or deceptive advertising; or(2)
Split fees.HISTORY: (40 Ky.R. 2649; 41 Ky.R. 35; eff. 8-1-2014; Cert eff. 7-29-2021; 48 Ky.R. 1913; 49 Ky.R. 34; eff. 10-4-2022.)
FILED WITH LRC: June 14, 2022
CONTACT PERSON: Kevin Winstead, Commissioner, Department of Professional Licensing, 500 Mero Street, phone (502) 782-8805, fax (502) 564-3969, email KevinR.Winstead@ky.gov.
201 KAR 43:100.Telehealth and telepractice.
Section 1.
Requirements for Licensees Providing Applied Behavior Analytic Services via Telehealth.(1)
A licensee who provides applied behavior analytic services via telehealth shall:(a)
Maintain competence with the technologies utilized, including understanding and adequately addressing the actual and potential impact of those technologies on clients, supervisees, or other professionals;(b)
Maintain compliance with KRS Chapter 319C, 201 KAR Chapter 43, and all other applicable federal, state, and local laws;(c)
At the onset of the delivery of care via telehealth, identify appropriate emergency response contacts local to the client so that those contacts shall be readily accessible if there is(d)
Protect and maintain the confidentiality of data and information in accordance with all applicable federal, state, and local laws; and(e)
Dispose of data and information only in accordance with federal, state, and local law and in a manner that protects the data and information from unauthorized access.(2)
If applied(a)
(b)
the licensee shall, at the initial(a)1.
Make reasonable attempts to verify the identity of the client;(b)2.
Obtain alternative means of contacting the client other than electronically;(c)3.
Provide to the client alternative means of contacting the licensee other than electronically;(d)4.
Document if the client has the necessary knowledge and skills to benefit from the type of telehealth to be provided by the licensee; and(e)5.
Inform the client in writing about and obtain the client's informed written consent regarding:1.a.
The limitations of using technology in the provision of applied behavior analytic services;2.b.
Potential risks to confidentiality of information due to technology in the provision of applied behavior analytic services;3.c.
Potential risks of disruption in the use of telehealth technology;4.d.
When and how the licensee will respond to routine electronic messages;5.e.
In what circumstances the licensee will use alternative communications for emergency purposes;6.f.
Who else may have access to client communications with the licensee;7.g.
How communications can be directed to a specific licensee;8.h.
How the licensee stores electronic communications from the client; and9.i.
That the licensee or client may elect to discontinue the provision of services through telehealth at any time.Section 2.
Jurisdictional Considerations.(1)
A person providing applied behavior analytic services via telehealth to a person physically located in Kentucky while services are provided shall be required to be licensed by the board.(2)
A person providing applied behavior analytic services via telehealth from a physical location in Kentucky shall be required to be licensed by the board and may be subject to licensure requirements in other states ifSection 3.
Representation of Services and Code of Conduct. A licensee using telehealth to deliver services shall not:(1)
Engage in false, misleading, or deceptive advertising; or(2)
Split fees.HISTORY: (40 Ky.R. 2649; 41 Ky.R. 35; eff. 8-1-2014; Cert eff. 7-29-2021; 48 Ky.R. 1913; 49 Ky.R. 34; eff. 10-4-2022.)
FILED WITH LRC: June 14, 2022
CONTACT PERSON: Kevin Winstead, Commissioner, Department of Professional Licensing, 500 Mero Street, phone (502) 782-8805, fax (502) 564-3969, email KevinR.Winstead@ky.gov.