An Analysis of State Telehealth Laws and Regulations for Occupational Therapy and Physical Therapy
This study conducted a scan of telehealth physical and occupational therapy state laws and regulations. The laws and regulations were analyzed to determine the potential effect they could have on physical therapists (PTs) and occupational therapists’ (OTs) utilization of telehealth. The results indicate that the majority of physical and occupational therapy boards are silent on telehealth. A handful of physical therapy laws and regulations address “consultation by means of telecommunication,” but do not provide any guidance for PTs or OTs seeking to provide direct telehealth-delivered services to patients. Of the few states that do provide guidance, policy had the potential to provide clarity, or inhibit adoption. The findings suggest that as state boards look at crafting telehealth regulation, they should do so in a way that facilitates, rather than hampers adoption, while upholding their providers to a high standard of care.
Alaska Administrative Code 12 AAC 54.530 (2008). Retrieved from http://commerce.alaska.gov/dnn/Portals/5/pub/PT-OTStatutes.pdf.
Alaska Administrative Code 12 AAC 54.825 (2008). Retrieved from http://commerce.alaska.gov/dnn/Portals/5/pub/PT-OTStatutes.pdf.
American Occupational Therapy Association (2013). Telehealth. The American Journal of Occupational Therapy, 67(6), S69-S90.
American Physical Therapy Association (2009). Telehealth – definition and guidelines. Retrieved from http://www.apta.org/uploadedFiles/APTAorg/About_Us/Policies/BOD/Practice/TelehealthDefinitionsGuidelines.pdf.
Arkansas State Board of Physical Therapy Practice Act, Arkansas Code § 17-93-102 (2009). Retrieved from http://www.arptb.org/pdf/Practice_Act_1109.pdf.
Center for Connected Health Policy (2013). State Telehealth Laws and Reimbursement Policies: A Comprehensive Scan of the 50 States and the District of Columbia. Retrieved from:
California Code of Regulations 16 CCR 4172 (2013). Retrieved from: http://www.bot.ca.gov/board_activity/laws_regs/4172_orderofadoption.pdf.
Code of Mississippi Rules 50-034-001 (2008). Retrieved from https://www.msbpt.ms.gov/pdf/Final.Adoption.Current.Regs.2012.pdf
Code of Wyoming Rules 006-062-001 (2010). Retrieved from http://soswy.state.wy.us/Rules/RULES/7785.pdf.
Illinois Occupational Therapy Practice Act, Illinois Statute 225 ILCS 75/2 (2013). Retrieved from http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1314&ChapAct=225%26nbsp%3BILCS%26nbsp%3B75%2F&ChapterID=24&ChapterName=PROFESSIONS+AND+OCCUPATIONS&ActName=Illinois+Occupational+Therapy+Practice+Act%2E
Kentucky Administrative Regulations 201 KAR 22:160 (2014). Retrieved from http://www.lrc.ky.gov/kar/201/022/160reg.htm
Kentucky House Bill 177, KY Rev. Statute 319A.300 & 327.200 (2000). Retrieved from http://www.lrc.ky.gov/statutes/statute.aspx?id=31275 & http://www.lrc.ky.gov/statutes/statute.aspx?id=31724
New Hampshire Physical Therapy Practice Act, Revised Statute Annotated 328-A:2 (2002). Retrieved from http://nhrsa.org/law/328-a-2-definitions/
North Dakota Administrative Code 61.5-01-02-01 (2006). Retrieved from https://www.ndbpt.org/pdf/NDrulesandregs_2006.pdf
Occupational Therapy Practice Act, Colorado Revised Statute 12-40.5-103 (2013). Retrieved from Lexis Nexis.
Oregon Revised Statute, § 688.030 (2007). Retrieved from https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors688.html
Pennsylvania Physical Therapy Practice Act (a), 63 Pennsylvania Statutes § 1302 (2008). Retrieved from http://www.portal.state.pa.us/portal/server.pt?open=18&objID=487748&mode=2
Pennsylvania Physical Therapy Practice Act (b), 63 Pennsylvania Statutes § 1304 (2008). Retrieved from http://www.portal.state.pa.us/portal/server.pt?open=18&objID=487748&mode=2
Utah Physical Therapy Practice Act, Utah Code Annotated § 58-24b-102 (2009). Retrieved from http://le.utah.gov/code/TITLE58/htm/58_24b010200.htm
Washington Administrative Code, § 246-915-187 (2011). Retrieved from http://apps.leg.wa.gov/wac/default.aspx?cite=246-915-187
How to Cite
Authors who publish with this journal agree to the following terms:
- The Author retains copyright in the Work, where the term “Work” shall include all digital objects that may result in subsequent electronic publication or distribution.
- Upon acceptance of the Work, the author shall grant to the Publisher the right of first publication of the Work.
- The Author shall grant to the Publisher and its agents the nonexclusive perpetual right and license to publish, archive, and make accessible the Work in whole or in part in all forms of media now or hereafter known under a Creative Commons Attribution 4.0 International License or its equivalent, which, for the avoidance of doubt, allows others to copy, distribute, and transmit the Work under the following conditions:
- Attribution—other users must attribute the Work in the manner specified by the author as indicated on the journal Web site;
- The Author is able to enter into separate, additional contractual arrangements for the nonexclusive distribution of the journal's published version of the Work (e.g., post it to an institutional repository or publish it in a book), as long as there is provided in the document an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post online a prepublication manuscript (but not the Publisher’s final formatted PDF version of the Work) in institutional repositories or on their Websites prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. Any such posting made before acceptance and publication of the Work shall be updated upon publication to include a reference to the Publisher-assigned DOI (Digital Object Identifier) and a link to the online abstract for the final published Work in the Journal.
- Upon Publisher’s request, the Author agrees to furnish promptly to Publisher, at the Author’s own expense, written evidence of the permissions, licenses, and consents for use of third-party material included within the Work, except as determined by Publisher to be covered by the principles of Fair Use.
- The Author represents and warrants that:
- the Work is the Author’s original work;
- the Author has not transferred, and will not transfer, exclusive rights in the Work to any third party;
- the Work is not pending review or under consideration by another publisher;
- the Work has not previously been published;
- the Work contains no misrepresentation or infringement of the Work or property of other authors or third parties; and
- the Work contains no libel, invasion of privacy, or other unlawful matter.
- The Author agrees to indemnify and hold Publisher harmless from Author’s breach of the representations and warranties contained in Paragraph 6 above, as well as any claim or proceeding relating to Publisher’s use and publication of any content contained in the Work, including third-party content.
Revised 7/16/2018. Revision Description: Removed outdated link.