1. (1) "Telehealth" is defined as the use of interactive audio and video, in real time telecommunication technology or store-and-forward technology, to deliver health care services when the occupational therapy practitioner and patient/client are not at the same physical location. Its uses include diagnosis, consultation, treatment, prevention, transfer of health or medical data, and continuing education.
2. (2) Telehealth is considered the same as Telepractice for occupational therapy practitioners working in education settings; and Teletherapy and Telerehab in other settings.
3. (3) In order to provide occupational therapy services via telehealth to a patient/client in Oregon, the occupational therapy practitioner providing services to a patient/client must have a valid and current license issued by the Oregon OT Licensing Board. Oregon licensed occupational therapy practitioners using telehealth technology with a patient/client in another state may also be required to be licensed in the state in which the patient/client receives those services and must adhere to those state licensure laws.
4. (4) Prior to initiation of occupational therapy services, an occupational therapy practitioner shall obtain informed consent of the delivery of service via telehealth from the patient/client.  The consent may be verbal, written or recorded and must be documented in the patient or client’s permanent health or education record.
5. (5) When providing telehealth services, an occupational therapy practitioner shall have procedures in place to address remote medical or clinical emergencies at the patient’s location.
6. (6) Occupational therapy practitioners shall secure and maintain the confidentiality of medical information of the patient/client as required by HIPAA and state and federal law.

7. (7) In making the determination whether an in-person evaluation or intervention are necessary, an occupational therapist shall consider at a minimum:

   1. (a) The complexity of the patient's/client's condition;
   2. (b) His or her own knowledge skills and abilities;
   3. (c) The patient's/client's context and environment;
   4. (d) The nature and complexity of the intervention;
   5. (e) The pragmatic requirements of the practice setting; and
   6. (f) The capacity and quality of the technological interface.

8. (8) Occupational therapy practitioners providing occupational therapy services via telehealth must:

   1. (a) Exercise the same standard of care when providing occupational therapy services via telehealth as with any other mode of delivery of occupational therapy services;
   2. (b) Provide services consistent the AOTA Code of Ethics and Ethical Standards of Practice; and comply with provisions of the Occupational Therapy Practice Act and its regulations.
9. (9) Supervision of Occupational Therapy Assistants under 339-010-0035 for routine and general supervision, can be done through telehealth, but cannot be done when close supervision as defined in 339-010-0005 is required. The same considerations in (7)(A) through (F) must be considered in determining whether telehealth should be used.
10. (10) An occupational therapy practitioner who is supervising a fieldwork student must follow the ACOTE standards and other accreditation requirements.
11. (11) Failure to comply with these regulations shall be considered unprofessional conduct under OAR 339-010-0020.

Statutory/Other Authority

ORS 675.320(8)

Statutes/Other Implemented

ORS 675.320

History

OTLB 7-2021, amend filed 08/09/2021, effective 08/09/2021
OTLB 7-2020, amend filed 11/12/2020, effective 11/12/2020
OTLB 2-2019, minor correction filed 08/27/2019, effective 08/27/2019
OTLB 1-2018, amend filed 11/07/2018, effective 11/07/2018
OTLB 2-2015, f. & cert. ef. 3-27-15
OTLB 2-2014, f. & cert. ef. 11-20-14