The FTC www.ftc.gov on August 3, 2016 responded to the Delaware Board of Occupational Therapy Practice’s comments on the regulation that would provide Occupational Therapy services via telehealth to Delaware consumers.
The proposed regulation would allow licensed Occupational Therapists (OT) and Occupational Therapy Assistants (OTA) to determine whether telehealth is an appropriate level of care for a patient and would allow OTs to determine the level of supervision required to provide telehealth services by OTAs.
The stage is set through the proposed regulation for both OTs and OTAs to deliver all phases of care remotely, including assessments, diagnosis, consultations, treatments, education, and self-management of a patient’s healthcare.
However, the FTC suggests that this proposed regulation may depart from Delaware’s telemedicine law because it does not expressly state that both OTs and OTAs may use electronic communication for assessment and diagnosis. The proposed regulation could potentially limit the ability of OTAs to determine whether telehealth is an appropriate way to treat a patient.
The FTC also has another issue with the use of telehealth by OTs and OTAs. For example, ambiguities could arise regarding the role of OTAs as stated in telehealth evaluations and could possibly discourage the participation of OTAs in providing telehealth care.
FTC suggests that the Delaware Board of Occupational Therapy Practice might wish to consider whether minor clarifications consistent with the enabling statute could improve the effectiveness of the regulation so that OTAs would be encouraged to participate in telehealth care just as they would do in person.
Go to www.dpr.delaware.glov/boards/occupationaltherapy for more details.