New York Telepractice Requirements for Audiologists and Speech-Language Pathologists

The information below is collected from state licensure boards or regulatory agencies responsible for regulating the professions of audiology and/or speech-language pathology. The information is reviewed on an annual basis. Please be advised that laws, regulations, and policies may change at any time, so always check with your state for the most up-to-date information.

Telepractice State Licensure Board Requirements

New York has practice guidelines for telepractice.

NY Office of the Professions Practice Guidelines

Law, rules and regulations, not guidelines, specify the requirements for practice and violating them constitutes professional misconduct. Not adhering to this guideline may be interpreted as professional misconduct only if the conduct also violates pertinent law, rules and regulations.

"Telepractice" is providing service that is not "in person" and is delivered through the use of technology. Such technology may include, but is not limited to: telephone, telefax, email, internet, or videoconference. It is considered a mode of practice and the same standards that apply to all forms of practice in the speech-language pathology and audiology professions would apply to telepractice. With reference to speech-language pathology and audiology, telepractice is the use of technology for the application of speech language pathology and audiology services over a distance by connecting a qualified and licensed clinician to a client or one clinician to another for assessment, treatment, and/or consultation. Telepractice is a permitted modality in New York State, subject to certain restrictions and conditions and when used as a form of speech-language pathology or audiology practice, is subject to the following:

  • All the current standards of care;
  • All the laws, rules and regulations, governing speech-language pathology and/or audiology practice in New York State; and
  • All the practice and ethical considerations

PRACTICE RESTRICTIONS:

Message for Consumers: If you are a New York State resident receiving speech-language pathology or audiology services in New York State, your Speech Language Pathologist or Audiologist must be licensed in New York State.

Message for New York State licensed Speech-Language Pathologists and Audiologists: If you intend to provide telepractice services to clients residing outside of New York State, you must comply with the professional statutory and regulatory requirements of your client's state or country of residence.

Message for Out-of-State Speech-Language Pathologists and Audiologists: If you intend to provide telepractice services to a resident of New York State, you must hold a New York State license and be in compliance with the relevant law, rules and regulations.

New York State law permits a person from another state to perform speech-language pathology or audiology services in this State, as long as such services are performed for no more than thirty (30) days in any calendar year and provided that such services are performed in conjunction with and/or under the supervision of Speech-Language Pathologist or Audiologist licensed under Article 159 of the New York State Education Law.

PROFESSIONAL ROLES AND RESPONSIBILITIES:

Although telepractice is a permitted modality in New York State, you should consider the particular impact of telepractice on the provision of speech-pathology or audiology services, including, but, not limited to:

  • selecting clients who are appropriate for assessment and intervention services via telepractice;
  • selecting and using assessments and interventions that are appropriate to the technology being used and that take into consideration the client and disorder variables;
  • maintaining appropriate documentation, including informed consent (risks and benefits) for use of telepractice which includes a client agreement to use a private environment with a secure connection, and documentation of the telepractice encounter;
  • complying with all New York State, HIPAA and FERPA requirements regarding the maintenance of patient records and the confidentiality of patient information;
  • understanding and applying appropriate models of technology used to deliver services;
  • understanding the appropriate specifications and operations of technology used in the delivery of services;
  • calibrating and maintaining clinical instruments and telepractice/telehealth equipment;
  • being sensitive to cultural and linguistic variables that affect the identification, assessment, treatment and management of individuals receiving services via telepractice;
  • training and using other qualified individuals appropriately when delivering services;
  • evaluating the effectiveness of services provided and measuring outcomes;
  • being knowledgeable and compliant with existing rules and regulations regarding security and privacy protections, reimbursement for services, and licensure, liability and malpractice concerns;
  • ensuring the confidentiality and privacy of patients and their transmissions, as well as the protection of confidential information through the transmission of information; and
  • collaborating with physicians for timely referral and follow-up services, as necessary.

Although telepractice is permitted in New York State, it may not be considered appropriate for certain types of clients and/or in certain types of settings. Thus, before engaging in telepractice, a clinician should make sure that he or she is aware of any and all guidelines, policies, laws, rules and/or regulations that may prohibit or limit the use of telepractice for certain types of clients and/or in certain types of settings.

Citation: Practice Guidelines: Engaging in Telepractice in the Speech-Language Pathology & Audiology Professions

See also: Guidelines for the Use of Speech-Language Telepractice in the Delivery of Related Services to Students with Disabilities

Telesupervision State Licensure Board Laws and Regulations

This state has no laws or regulations for telesupervision. Contact licensure board for guidance.

Support Personnel

No regulations.

Clinical Fellow

No regulations.

Student Intern

No regulations.

Telepractice Reimbursement Laws and Regulations

Telepractice Private Insurance 

The law is not clearly defined indicating that any health care provider and service may be covered.  It is left up to interpretation and/or will be determined by the payers.  Clinicians will have to contact payer sources to determine if and how telepractice is covered. 

Telehealth delivery of services

(a) An insurer shall not exclude from coverage a service that is otherwise covered under a policy that provides comprehensive coverage for hospital, medical or surgical care because the service is delivered via telehealth, as that term is defined in subsection (b) of this section;  provided, however, that an insurer may exclude from coverage a service by a health care provider where the provider is not otherwise covered under the policy. An insurer may subject the coverage of a service delivered via telehealth to co-payments, coinsurance or deductibles provided that they are at least as favorable to the insured as those established for the same service when not delivered via telehealth.  An insurer may subject the coverage of a service delivered via telehealth to reasonable utilization management and quality assurance requirements that are consistent with those established for the same service when not delivered via telehealth.

(b) For purposes of this section, "telehealth" means the use of electronic information and communication technologies by a health care provider to deliver health care services to an insured individual while such individual is located at a site that is different from the site where the health care provider is located.

Citation: N.Y. ISC Law § 3217-H     

Telehealth delivery of services

(a) A corporation shall not exclude from coverage a service that is otherwise covered under a contract that provides comprehensive coverage for hospital, medical or surgical care because the service is delivered via telehealth, as that term is defined in subsection (b) of this section; provided, however, that a corporation may exclude from coverage a service by a health care provider where the provider is not otherwise covered under the contract. A corporation may subject the coverage of a service delivered via telehealth to co-payments, coinsurance or deductibles provided that they are at least as favorable to the insured as those established for the same service when not delivered via telehealth. A corporation may subject the coverage of a service delivered via telehealth to reasonable utilization management and quality assurance requirements that are consistent with those established for the same service when not delivered via telehealth.

 (b) For purposes of this section, "telehealth" means the use of electronic information and communication technologies by a health care provider to deliver health care services to an insured individual while such individual is located at a site that is different from the site where the health care provider is located.

Citation: N.Y. ISC Law § 4306-G

Telepractice Medicaid 

The law includes audiology and speech-language pathology services in health care settings.

Telehealth delivery of services

§2999-cc. Definitions.

As used in this article, the following terms shall have the following meanings:

1. "Distant site" means a site at which a telehealth provider is located while delivering health care services by means of telehealth.

2. "Telehealth provider" means:

  (j) a speech language pathologist or audiologist licensed pursuant to article one hundred fifty-nine of the education law;

3. "Originating site" means a site at which a patient is located at the time health care services are delivered to him or her by means of telehealth. Originating sites shall be limited to facilities licensed under articles twenty-eight and forty of this chapter, facilities as defined in subdivision six of section 1.03 of the mental hygiene law, private physician's or dentist's offices located within the state of New York and, when a patient is receiving health care services by means of remote patient monitoring, the patient's place of residence located within the state of New York or other temporary location located within or outside the state of New York.

4. "Telehealth" means the use of electronic information and communication technologies by telehealth providers to deliver health care services, which shall include the assessment, diagnosis, consultation, treatment, education, care management and/or self-management of a patient. Telehealth shall not include delivery of health care services by means of audio-only telephone communication, facsimile machines, or electronic messaging alone, though use of these technologies is not precluded if used in conjunction with telemedicine, store and forward technology, or remote patient monitoring. For purposes of this section, telehealth shall be limited to telemedicine, store and forward technology, and remote patient monitoring. This subdivision shall not preclude the delivery of health care services by means of "home telehealth" as used in section thirty-six hundred fourteen of this chapter.

§2999-dd. Telehealth delivery of services.

1. Health care services delivered by means of telehealth shall be entitled to reimbursement under section three hundred sixty-seven-u of the social services law.

Citation: N.Y. PBH Law § 29-G 

ASHA Guidance

Telepractice State Licensure

  • Obtain a license from the state in which you reside and from the state in which the patient/client resides.
  • If a state has not established regulations on telepractice, then contact the licensure board for further guidance and ask for written verification.
  • It is the responsibility of the clinician to review the regulations on the state licensure board website in their entirety and regularly for updates or changes.

Telesupervision

If a state has not established regulations on telesupervision, then contact the licensure board for further guidance and ask for written verification.

Reimbursement for Telepractice Services

Audiologists and speech-language pathologists should keep in mind that while a state may have passed telepractice reimbursement laws and/or regulations, this does not guarantee that payers will reimburse for these services. Learn more about considerations for audiologists and speech-language pathologists.  

Resources

For further information on telepractice requirements for audiologists and speech-language pathologists, please visit these websites:

Questions regarding state advocacy issues? Call ASHA at 800-498-2071 and ask for the State Advocacy Team.      

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