(a) Except as described in subsection (c) of this section, a service provider of physical therapy, occupational therapy, or speech and language pathology may provide physical therapy, occupational therapy, or speech and language pathology to an individual as a telehealth service.
(b) If a service provider of physical therapy, occupational therapy, or speech and language pathology provides physical therapy, occupational therapy, or speech and language pathology to an individual as a telehealth service, a DSA must ensure that the service provider:
  (1) uses a synchronous audio-visual platform to interact with the individual, supplemented with or without asynchronous store and forward technology;
  (2) does not use an audio-only platform to provide the service; and
  (3) before providing the telehealth service:
    (A) obtains the written informed consent of the individual or LAR to provide the service; or
    (B) obtains the individual or LAR's oral consent to receive the telehealth service and document's the oral consent in the individual's record.
(c) A DSA must ensure that a service provider of physical therapy, occupational therapy, or speech and language pathology performs certain services in person, as required by the Texas Medicaid Provider Procedures Manual. Such services must include:
  (1) a service that requires a physical agent modality or hands-on therapy, such as a paraffin bath, aquatic therapy, manual therapy, massage, and ultrasound;
  (2) orthotic management and training, initial encounter and subsequent encounters;
  (3) prosthetic management or training for an upper or lower extremity, initial encounter and subsequent encounters;
  (4) a wheelchair assessment and training; and
  (5) a complex rehabilitation technology assessment.

Source Note: The provisions of this §259.360 adopted to be effective January 30, 2023, 48 TexReg 362