Here are a few guidelines from MSHA for you to follow based on state licensing regulations under the Board of Speech-Language Pathologists and Audiologists. We recommend you visit the board's website at www.slpaud.mt.gov for updates the board might have concerning COVID-19 and how it impacts licensees and the services those licensees provide to the public. If you are licensed in another state and have questions regarding that state's laws you should contact that licensing entity since licensing laws vary across jurisdictions.
1. Storage of and access to electronic records must follow FERPA and HIPPA guidelines.
2. Telepractice may be delivered asynchronously or synchronously.
3. Quality of the telepractice sessions must be commensurate with face-to-face sessions.
4. To establish a practitioner-patient relationship for telepractice, state regulations indicate you must take the following steps and assess the patient’s:
(a) need for services; and
(b) candidacy for telepractice, including behavioral, physical, and cognitive abilities to participate in telepractice services.
5. Prior to initiating services, state regulations indicate a speech-language pathologist or audiologist shall:
(a) make reasonable attempts to verify the identity of the patient;
(b) obtain alternative means of contacting the patient other than electronically;
(c) provide to the patient alternative means of contacting the licensee other than electronically;
(d) document whether the patient has the necessary knowledge and skills to benefit from the type of telepractice provided by the licensee;
(e) determine the availability of a facilitator, if needed, with the necessary level of training to assist at the patient's location;
(f) provide orientation and training to the patient in the use of telepractice equipment and the telepractice protocol at an appropriate level for the patient; and
(g) inform the patient in writing of the following:
(i) the limitations of using technology in the provision of telepractice;
(ii) the potential risks to the confidentiality of information due to technology used in telepractice;
(iii) the potential risks of disruption in the use of telepractice;
(iv) when and how the licensee will respond to routine electronic messages;
(v) in what circumstances the licensee will use alternative communications for emergency purposes;
(vi) who else may have access to patient communications with the licensee;
(vii) how communications can be directed to a specific licensee;
(viii) how the licensee stores electronic communications from the patient; and
(ix) that the licensee may elect to discontinue the provision of telepractice services.
The written document required shall be signed by both the licensee and the patient and maintained in the clinical record. If the patient is a minor, the document shall be signed by the patient's parent or guardian.
6. The practitioner must only provide services within their scope of practice and use a service delivery system which uses authentication and encryption technology.
7. A speech or audiology aide may act as a facilitator for telepractice services but may not deliver them.
Please check the DLI website for updates and answers to your questions.
Contact Lucy Richards, Executive Officer if your questions are not answered.
(406) 841-2394
DLIBSDSLP@MT.GOV
