Unless the context clearly indicates otherwise, the following words and terms, when used in this subchapter, shall have the following meanings.
  (1) Client site--The physical location of the client at the time that telehealth services are being provided.
  (2) Facilitator--An individual physically present with a client who assists with the delivery of behavior analysis services through telehealth at the direction of a behavior analyst or assistant behavior analyst.
  (3) Provider--An individual who provides telehealth services and holds a current:
    (A) behavior analyst license under Texas Occupations Code §506.253 and §506.255; or
    (B) assistant behavior analyst license under Texas Occupations Code §§506.254 - §506.255.
  (4) Provider site--The physical location of the provider at the time the telehealth services are provided that is distant or remote from the client site.
  (5) Telecommunications--Interactive communication of information at a distance by concurrent two-way transmission using telecommunications technology, including, without limitation, sound, visual images, and/or computer data, between the client site and the provider site, and required to occur without a change in the form or content of the information, as sent and received, other than through encoding or encryption of the transmission itself for purposes of and to protect the transmission.
  (6) Telecommunications technology--Computers, smart phones, and equipment, other than analog telephone, email, or facsimile technology and equipment, used or capable of use for purposes of telecommunications. For purposes of this subchapter, the term includes, without limitation:
    (A) compressed digital interactive video, audio, or data transmission;
    (B) clinical data transmission using computer imaging by way of still-image capture, storage and forward;
    (C) smart phones, or any audio-visual, real-time, or two-way interactive communication system; and
    (D) other technology that facilitates the delivery of telehealth services.
  (7) Telehealth--The use of telecommunications or telecommunications technology for the exchange of information from one site to another for the provision of behavior analysis services to a client from a provider.
  (8) Telehealth services--The application of telecommunications technology to deliver behavior analysis services to a client who is physically located at a site other than the site where the provider is located.

Source Note: The provisions of this §121.76 adopted to be effective February 29, 2024, 49 TexReg 1085