(a) Applicability.
  (1) Except where noted, this subchapter applies to behavior analysts and assistant behavior analysts, as authorized under this subchapter.
  (2) Except to the extent it imposes additional or more stringent requirements, this subchapter does not affect the applicability of any other requirement or provision of law to which an individual is otherwise subject under this chapter or other law.
(b) Licensure and Scope of Practice.
  (1) An individual shall not provide telehealth services to a client in the State of Texas, unless the individual is licensed by the department and qualifies as a provider, as that term is defined in this subchapter, or is otherwise legally authorized to do so.
  (2) A provider may provide only those telehealth services that are within the course and scope of the provider's license and competence and delivered in accordance with the requirements of that license and pursuant to the terms and conditions set forth in this chapter.
  (3) A provider may engage in direct observation, direct supervision, or indirect supervision in-person and on-site, through telehealth, or in another manner approved by the provider's certifying entity. Supervision provided through telehealth must meet the standards of the certifying entity.
(c) Competence and Standard of Practice; Code of Ethics.
  (1) A provider shall be competent in both the type of services provided and the methodology and equipment used to provide the service.
  (2) A provider shall comply with the code of ethics and scope of practice requirements in this chapter when providing telehealth services.
  (3) The scope, nature, and quality of the services provided via telehealth shall be the same as the services provided during in-person sessions.
  (4) A provider shall determine whether a particular service or procedure is appropriate to be provided via telehealth. A provider shall maintain a focus on evidence-based practice and identify appropriate meaningful outcomes for a client. When an established telehealth procedure is not available, the provider shall notify the client or multi-disciplinary team, as appropriate, that the effectiveness of the procedure has not yet been established for the method, manner, or mode of treatment.
  (5) Documentation of telehealth services shall include documentation of the date and nature of services performed by the provider through telehealth and the assistive tasks of the facilitator, if used.
  (6) A provider shall:
    (A) consider relevant factors including the client's behavioral, physical, and cognitive abilities in determining the appropriateness of providing services via telehealth;
    (B) be aware of the client's level of comfort with the technology being used as part of the telehealth services; and
    (C) be sensitive to cultural and linguistic variables that affect the identification, assessment, treatment, or management of a client when providing services through telehealth.

Source Note: The provisions of this §121.79 adopted to be effective February 29, 2024, 49 TexReg 1085