(a) A provider shall use only telecommunications technology, as defined in this subchapter, to provide telehealth services. Modes of communication that do not utilize such telecommunications technology, including analog telephone, mail, email, or facsimile may be used only as adjuncts.
(b) A provider shall utilize telecommunications technology and other equipment only if:
  (1) the provider is competent to use the equipment as part of the provider's telehealth services;
  (2) the telecommunications technology and equipment located at the client site and at the provider site are:
    (A) appropriate to the telehealth services to be provided and in good working order; and
    (B) are of sufficient quality to allow the provider to deliver equivalent service and quality to the client as if those services were provided in person at the same physical location.
  (3) the provider is able to see and hear the client and the facilitator, if used, via telecommunications technology in synchronous, real-time interactions, even when receiving or sending data and other telecommunication transmissions, when providing telehealth services; and
  (4) the quality of electronic transmissions shall be adequate for the provision of an individualized client's telehealth service.
(c) A provider shall ensure that communications occur without a change in the form or content of the information, as sent and received, other than through encoding or encryption of a transmission itself for purposes of and to protect the transmission.

Source Note: The provisions of this §121.78 adopted to be effective February 29, 2024, 49 TexReg 1085