New York
Occupational Therapy	Physical Therapy
Telehealth/Telemedicine/Telecommunications Definition
“Telehealth” means the use of electronic information and communication technologies by telehealth providers to deliver health care services, which shall include the assessment, diagnosis, consultation, treatment, education, care management and/or self-management of a patient. Telehealth shall not include delivery of health care services by means of audio-only telephone communication, facsimile machines, or electronic messaging alone, though use of these technologies is not precluded if used in conjunction with telemedicine, store and forward technology, or remote patient monitoring. For purposes of this section, telehealth shall be limited to telemedicine, store-and-forward technology, and remote patient monitoring. This subdivision shall not preclude the delivery of health care services by means of “home telehealth.” “Telemedicine” means the use of synchronous, two-way electronic audio visual communications to deliver clinical health care services, which shall include the assessment, diagnosis, and treatment of a patient, while such patient is at the originating site and a telehealth provider is at a distant site. Source:N.Y. P.B.H. Law § 2999-CC	“Telehealth” means the use of electronic information and communication technologies by telehealth providers to deliver health care services, which shall include the assessment, diagnosis, consultation, treatment, education, care management and/or self-management of a patient. Telehealth shall not include delivery of health care services by means of audio-only telephone communication, facsimile machines, or electronic messaging alone, though use of these technologies is not precluded if used in conjunction with telemedicine, store and forward technology, or remote patient monitoring. For purposes of this section, telehealth shall be limited to telemedicine, store-and-forward technology, and remote patient monitoring. This subdivision shall not preclude the delivery of health care services by means of “home telehealth.” “Telemedicine” means the use of synchronous, two-way electronic audio visual communications to deliver clinical health care services, which shall include the assessment, diagnosis, and treatment of a patient, while such patient is at the originating site and a telehealth provider is at a distant site. Source:N.Y. P.B.H. Law § 2999-CC
Modality
Occupational therapists may use synchronous, two-way electronic audio-visual communications, store-and-forward technology, and remote patient monitoring. Audio-only telephone, facsimile machine, or electronic messaging alone are not considered telehealth. “Store and forward technology” means the asynchronous, electronic transmission of a patient’s health information in the form of patient-specific digital images and/or pre-recorded videos from a provider at an originating site to a telehealth provider at a distant site. “Remote patient monitoring” means the use of synchronous or asynchronous electronic information and communication technologies to collect personal health information and medical data from a patient at an originating site that is transmitted to a telehealth provider at a distant site for use in the treatment and management of medical conditions that require frequent monitoring. Such technologies may include additional interaction triggered by previous transmissions, such as interactive queries conducted through communication technologies or by telephone. Such conditions shall include, but not be limited to, congestive heart failure, diabetes, chronic obstructive pulmonary disease, wound care, polypharmacy, mental or behavioral problems, and technology-dependent care such as continuous oxygen, ventilator care, total parenteral nutrition or enteral feeding. Remote patient monitoring may only be ordered by a physician, nurse practitioner or nurse midwife, with which the patient has a substantial and ongoing relationship. Source:N.Y. P.B.H. Law § 2999-CC	Physical therapists may use synchronous, two-way electronic audio visual communications, store-and-forward technology, and remote patient monitoring. Audio-only telephone, facsimile machine, or electronic messaging alone are not considered telehealth. “Store and forward technology” means the asynchronous, electronic transmission of a patient’s health information in the form of patient-specific digital images and/or pre-recorded videos from a provider at an originating site to a telehealth provider at a distant site. “Remote patient monitoring” means the use of synchronous or asynchronous electronic information and communication technologies to collect personal health information and medical data from a patient at an originating site that is transmitted to a telehealth provider at a distant site for use in the treatment and management of medical conditions that require frequent monitoring. Such technologies may include additional interaction triggered by previous transmissions, such as interactive queries conducted through communication technologies or by telephone. Such conditions shall include, but not be limited to, congestive heart failure, diabetes, chronic obstructive pulmonary disease, wound care, polypharmacy, mental or behavioral problems, and technology-dependent care such as continuous oxygen, ventilator care, total parenteral nutrition or enteral feeding. Remote patient monitoring may only be ordered by a physician, nurse practitioner or nurse midwife, with which the patient has a substantial and ongoing relationship. Source:N.Y. P.B.H. Law § 2999-CC
Location- Type of site/Geography
“Distant site” means a site at which a telehealth provider is located while delivering health care services by means of telehealth. “Originating site” means a site at which a patient is located at the time health care services are delivered to him or her by means of telehealth. Originating sites shall be limited to a: Hospitals and General Hospitals; Nursing homes; Residential Health Care Facilities; Out-patient lodge; Midwifery Birth Center; Hospice or Hospice Residence; Facilities where services for the mentally disabled are provided; Certified and non-certified day and residential programs funded or operated by the office for people with developmental disabilities; Private physician’s or dentist’s offices located within the state of New York; Any type of adult care facility licensed under title two of article seven of the social services law; Public, private and charter elementary and secondary schools, school age child care programs, and child day care centers within the state of New York; and The patient’s place of residence located within the state of New York or other temporary location located within or outside the state of New York. Source:N.Y. P.B.H. Law § 2999-CC	“Distant site” means a site at which a telehealth provider is located while delivering health care services by means of telehealth. “Originating site” means a site at which a patient is located at the time health care services are delivered to him or her by means of telehealth. Originating sites shall be limited to a: Hospitals and General Hospitals; Nursing homes; Residential Health Care Facilities; Out-patient lodge; Midwifery Birth Center; Hospice or Hospice Residence; Facilities where services for the mentally disabled are provided; Certified and non-certified day and residential programs funded or operated by the office for people with developmental disabilities; Private physician’s or dentist’s offices located within the state of New York; Any type of adult care facility licensed under title two of article seven of the social services law; Public, private and charter elementary and secondary schools, school age child care programs, and child day care centers within the state of New York; and The patient’s place of residence located within the state of New York or other temporary location located within or outside the state of New York. Source:N.Y. P.B.H. Law § 2999-CC
Type of Service
Telehealth includes the assessment, diagnosis, consultation, treatment, education, care management and/or self-management of a patient. Source:N.Y. P.B.H. Law § 2999-CC	Telehealth includes the assessment, diagnosis, consultation, treatment, education, care management and/or self-management of a patient. Source:N.Y. P.B.H. Law § 2999-CC
Supervision
No reference found.	No reference found.
Informed Consent
No reference found.	No reference found.
Patient-Provider-Relationship/In-Person Exam Required
No reference found.	No reference found.
Licensing
Occupational therapists must be licensed in New York if providing telehealth services to a patient located within the state. Source:N.Y. P.B.H. Law § 2999-CC	Physical therapists must be licensed in New York if providing telehealth services to a patient located within the state. Source:N.Y. P.B.H. Law § 2999-CC
Other
Occupational therapists are included in the definition of a telehealth provider. Source:N.Y. P.B.H. Law § 2999-CC	Physical therapists are included in the definition of a telehealth provider. Source:N.Y. P.B.H. Law § 2999-CC Physical therapy telepractice is subject to all practice and ethical considerations governing physical therapy practice in New York State. Physical therapists should consider the particular impact of telepractice on dimensions of physical therapy practice, including, but not limited to: Awareness and assessment of unobservable behavior; Confidentiality and privacy of clients and their transmissions; Access issues such as distribution of computers and familiarity with technology; Temporal factors such as simultaneous communication, time between responses, and formalized “sessions”; and Development of technological proficiencies and on-line culture/language. Source:N.Y. E.D.N. Law § 6509(2)