16.26.2.20

REQUIREMENTS FOR ALL APPLICANTS WHO PRACTICE TELEHEALTH

1. A. An audiologist, speech-language pathologist or hearing aid dispenser licensed in New Mexico may use telecommunication technology to deliver services to a person residing in New Mexico who is physically present at a different location from the provider at the time services are received, so long as the services delivered through use of telecommunication technology meet or exceed the quality of services delivered face-to-face.
2. B. An audiologist, speech-language pathologist or hearing aid dispenser who resides outside the boundaries of the state of New Mexico and delivers services or products to residents of New Mexico shall be licensed by the board.
3. C. An audiologist, speech-language pathologist or hearing aid dispenser using telecommunication technology to deliver services shall have necessary knowledge and skills, obtained through education, training and experience to use such technology competently.
4. D. Telecommunication technology used to deliver services must be equivalent to that provided in person.
5. E. A licensed audiologist, speech-language pathologist or hearing aid dispenser must be physically present at all times at the hub site while interactive telecommunication technology is used to deliver services to a client physically present at a remote site.

6. F. A licensed audiologist, speech-language pathologist or hearing aid dispenser using telecommunication technology to deliver services to a client shall:

   1. (1) assess the client’s ability to participate meaningfully in the services delivered through telecommunications, including but not limited to the client’s physical, cognitive and behavioral abilities;
   2. (2) calibrate properly the clinical instruments used for delivery of services in accordance with standard operating procedures and manufacturer specifications;
   3. (3) train properly the facilitator at the client-patient site if used;
   4. (4) comply with all laws and rules governing maintenance of client records, including but not limited to client confidentiality requirements; and
   5. (5) comply with all professional standards governing delivery of services including the applicable Code of Ethics
7. G. A licensed audiologist, speech-language pathologist or hearing aid dispenser using telecommunication technology to deliver services to a client shall provide notice to the client, guardian, caregiver and multi-disciplinary team as appropriate, including but not limited to the right to refuse telehealth services, options for service delivery and instruction on filing and resolving complaints.

8. H. An audiologist, speech-language pathologist or hearing aid dispenser shall not deliver services to a client solely through the use of regular mail, facsimile or electronic mail, although these methods of communication may be used to supplement the face-to-face delivery of services or through the use of telecommunication technology.

   HISTORY OF 16.26.2 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center:

   HADF 71-1, Rules and Regulations, filed 12/21/1971.

   HADF 77-1, Rules and Regulations, filed 5/23/1977.

   HED-80-1 (HSD), Regulations Governing the Hearing Aid Act, filed 2/5/1980.

   HED 82-3, Regulations Governing the Hearing Aid Act, filed 3/18/1982.

   HED 83-1 (HSD), Regulations Governing the Hearing Aid Act, filed 4/5/1983.

   HED-81-6 (HSD), Regulations Governing the Speech-Language Pathology and Audiology Act, filed 8/4/1981.

   HED-82-2, Regulations Governing the Speech-Language Pathology and Audiology Act, filed 3/17/1982.

   HED-83-2 (HSD), Regulations Governing the Speech-Language Pathology and Audiology Act, filed 4/5/1983.

   HED 86-13 (HSD), Regulations Governing the Speech-Language Pathology and Audiology Act, filed 1/7/1987.

   BCD 87-2, Regulations Governing the Hearing Aid Act, filed 11/10/1987.

   BCD 88-1, Regulations Governing the Hearing Aid Act, filed 3/8/1988.

   BCD 88-2, Regulations Governing the Speech-Language Pathology and Audiology Act, filed 3/11/1988.

   Rule 91-2, Qualifications for Licensure, filed 10/25/1991.

   Rule 91-3, Temporary Trainee Permits, filed 10/25/1991.

   Rule 91-4, Applications for Licensure, filed 10/25/1991.

   Rule 91-5, Examination for Competence, filed 10/25/1991.

   History of Repealed Material:

   16 NMAC 26.2, Licensure and Licensure Requirements, filed 10/9/1996 - Repealed effective 2/3/2006.

   16 NMAC 26.3, Application Procedures and Qualifications for Licensure, filed 10/9/1996 - Repealed effective 2/3/2006.

[16.26.2.20 NMAC - N, 2/14/2017]