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Delaware
Occupational Therapy Physical Therapy
Telehealth/Telemedicine/Telecommunications Definition
“Telehealth” is the use of electronic communications to provide and deliver a host of health-related information and health-care services including occupational therapy services.
“Telemedicine” means a form of telehealth which is the delivery of clinical health-care services by means of real time 2-way audio, visual, or other telecommunications or electronic communications, including the application of secure video conferencing or store and forward transfer technology to provide or support health-care delivery, which facilitate the assessment, diagnosis, consultation, treatment, education, care management and self-management of a patient’s health care by a licensee practicing within his or her scope of practice as would be practiced in-person with a patient and with other restrictions as defined in regulation.
Source:Del. C. §24-2002
“Telehealth,” is the use of electronic communications to provide and deliver a host of health-related information and health-care services, including physical therapy and athletic training-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of intervention.
Source:18-1400 Del. Admin. Code § 1409&Del. C. §24-2602
Modality
Occupational therapists may engage in live video and store-and-forward.
Source:Del. C. §24-2002
Physical therapists may use electronic communications to deliver some services and telecommunications to provide supervision.
Source:18-1400 Del. Admin. Code § 1409&Del. C. §24-2600
Location- Type of site/Geography
“Originating site” means a site in Delaware at which a patient is located at the time health-care services are provided to him or her by means of telemedicine or telehealth, unless the term is otherwise defined with respect to the provision in which it is used; provided, however, notwithstanding any other provision of law, insurers and providers may agree to alternative siting arrangements deemed appropriate by the parties.
“Distant site” means a site at which a health-care provider legally allowed to practice in the State is located while providing health-care services by means of telemedicine or telehealth.
Source:Del. C. §24-2002
During the telehealth treatment session, the patient shall be located within the borders of the State of Delaware.
Source:Del. C. §24-2602
Type of Service
Services may be provided through the use of telemedicine in a manner deemed appropriate by regulation. Services also may include participation in telehealth as further defined in regulation. Source:Del. C. §24-2002 Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of intervention.
Source:18-1400 Del. Admin. Code § 1409
Supervision
No reference found. A supervising physical therapist is required to be accessible via telecommunications to a physical therapist assistant during all work hours of the physical therapist assistant.
Source:Del. C. §24-2600
Subject to supervision requirements, every other supervisory visit may be performed via telehealth with the other alternating visit performed face-to-face.
Source:18-1400 Del. Admin. Code § 1409
Informed Consent
Before services are provided through telehealth, the licensee shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient.
Source:Del. C. §24-2002
Before providing telehealth services, a licensee must obtain written, informed consent from a patient, or other appropriate person with authority to make health care treatment decisions for the patient. The informed consent must inform the patient and document acknowledgement of the risk and limitations of:
  • The use of electronic communications in the provision of care;

  • The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and

  • The potential disruption of electronic communication in the use of telehealth.

Source:Del. C. §24-2600
Patient-Provider-Relationship/In-Person Exam Required
No reference found. All evaluations, including initial evaluations, and re-evaluations and scheduled discharges shall be performed face-to-face and not through telehealth.
Source:Del. C. §24-2600
Licensing
Occupational therapists are required to be licensed in Delaware if providing occupational therapy services to a patient located in the state.
Source:Del. C. §24-2002
Physical therapists are required to be licensed in Delaware if providing services to a patient located in the state.
Source:Del. C. §24-2605
Other
No reference found. No reference found.