37-15-315. Scope of telehealth -- requirements. (1) The quality of services provided through telehealth must be equivalent to the quality of audiology or speech-language pathology services that are provided in person and must conform to all existing state, federal, and institutional professional standards, policies, and requirements for audiologists and speech-language pathologists.

(2) Technology used to provide telehealth, including but not limited to equipment, connectivity, software, hardware, and network compatibility, must be appropriate for the service being delivered and must address the unique needs of each patient. Audio and video quality utilized in telehealth must be sufficient to deliver services that are equivalent to services that are provided in person. A person providing telehealth services is responsible for calibrating clinical instruments in accordance with standard operating procedures and the manufacturer's specifications.

(3) A person providing telehealth services shall comply with all state and federal laws, rules, and regulations governing the maintenance of patient records, including maintaining patient confidentiality and protecting sensitive patient data.

(4) A person providing telehealth services shall conduct an initial assessment of each patient's candidacy for telehealth, including the patient's behavioral, physical, and cognitive abilities to participate in services provided through telehealth. Telehealth may not be provided only through written correspondence.

(5) At a minimum, a person providing telehealth services shall provide a notice of telehealth services to each patient and, if applicable, the patient's guardian, caregiver, or multidisciplinary team. The notification must provide that a patient has the right to refuse telehealth services and has options for service delivery and must include instructions on filing and resolving complaints.