24 Del. Admin. Code § 1799-7.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1799-7.0 - Telehealth

7.1 For the purpose of this Section, "telehealth" means the practice of genetic counseling by distance communication technology such as but not necessarily limited to telephone, Internet-based communications, and videoconferencing.

7.2 In order to practice telehealth one must hold a current, valid license as a genetic counselor issued by the Board.

7.3 Licensees shall understand that this Section does not provide licensees with authority to practice telehealth in service to clients domiciled in any jurisdiction other than Delaware, and licensees bear responsibility for complying with laws, rules, and/or policies for the practice of telehealth set forth by other jurisdictional boards.

7.4 Licensees practicing telehealth shall comply with this Section and with requirements in state and federal statutes relevant to the practice of genetic counseling.

7.5 Licensees shall establish and maintain current competence in the professional practice of telehealth through continuing education, consultation, or other procedures, in conformance with prevailing standards of scientific and professional knowledge. Licensees shall establish and maintain competence in the appropriate use of the information technologies utilized in the practice of telehealth.

7.6 Licensees shall recognize that telehealth is not appropriate for all genetic indications and clients, and decisions regarding the appropriate use of telehealth shall be made on a case-by-case basis. Licensees practicing telehealth shall be aware of additional risks incurred when practicing genetic counseling through the use of distance communication technologies and take special care to conduct their professional practice in a manner that protects the welfare of the client and ensures that the client's welfare is paramount. Licensees practicing telehealth shall:

7.6.1 Conduct a risk-benefit analysis:

7.6.1.1 To ensure that the genetic counseling indication is consistent with the use of telehealth to the client's benefit; and

7.6.1.2 To determine whether the client has sufficient knowledge and skills in the use of the technology involved in rendering the service or can use a personal aid or assistive device to benefit from the service.

7.6.2 Not provide telehealth services to any person or persons when the outcome of the analysis required in subsections 7.6 .1.1 and 7.6.1.2 is inconsistent with the delivery of telehealth services, whether related to clinical or technological issues.

7.6.3 Upon initial and subsequent contacts with the client, make reasonable efforts to verify the identity of the client.

7.6.4 Obtain alternative means of contacting the client.

7.6.5 Provide to the client alternative means of contacting the licensee;

7.6.6 Whenever feasible, use secure communications with clients and obtain and document consent for the use of non-secure communications.

7.6.7 Prior to providing telehealth services, obtain the written informed consent of the client, in language that is likely to be understood and consistent with accepted professional and legal requirements, relative to:

7.6.7.1 The limitations and innovative nature of using distance technology in the provision of genetic counseling;

7.6.7.2 Potential risks to confidentiality of information due to the use of distance technology;

7.6.7.3 Potential risks of sudden and unpredictable disruption of telehealth services and how an alternative means of re-establishing electronic or other connection will be used under such circumstances;

7.6.7.4 When and how the licensee will respond to routine electronic messages;

7.6.7.5 Under what circumstances the licensee and client will use alternative means of communications under emergency circumstances;

7.6.7.6 Who else may have access to communications between the client and the licensee;

7.6.7.7 Specific methods for ensuring that a client's electronic communications are directed only to the licensee or supervisee; and

7.6.7.8 How the licensee stores electronic communications exchanged with the client.

7.6.8 Ensure that confidential communications stored electronically cannot be recovered and/or accessed by unauthorized persons when the licensee disposes of electronic equipment and data.

7.7 In the context of a face-to-face professional relationship, the following are exempt from this Section:

7.7.1 Electronic communication used specific to appointment scheduling, billing, and/or the establishment of benefits and eligibility for services; and,

7.7.2 Telephone or other electronic communications made for the purpose of ensuring client welfare in accord with reasonable professional judgment.

24 Del. Admin. Code § 1799-7.0

21 DE Reg. 644 (2/1/2018) (Final)