(c) “Telehealth” does not include communication between a certified provider and a recipient that consists solely of an electronic mail, text, or facsimile transmission.
SECTION 19. DHS 35.07 (2) is amended to read:
DHS 35.07 (2) A clinic may provide outpatient mental health services only at its offices, except in instances where therapeutic reasons are documented in the consumer file to show that it is appropriate to use an alternative location such as a nursing home, school, medical clinic, the consumer's home, or other location appropriate to support the consumer's recovery. The clinic may also deliver services via telehealth.
SECTION 20. DHS 35.15 (2) (b) 7m. is created to read:
DHS 35.15 (2) (b) 7m. Appropriate delivery of telehealth services, including issues ensuring privacy and confidentiality of recipient information and communications.
SECTION 21. DHS 36.03 (10r) is created to read:
DHS 36.03 (10r) “Face to face” means engaging in contact with the recipient via in person, real-time interactive audio-visual telehealth, or real-time interactive audio-only telehealth.
SECTION 22. DHS 36.03 (11m) is created to read:
DHS 36.03 (11hm) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient quality as to be the same level of service as an in-person visit. Transmission of voices, images, data, or video must be clear and understandable.
SECTION 23. DHS 36.03 (28m) and (32m) are created to read:
DHS 36.03 (28m) “Signature” or “signed” means a signature that meets the requirements in s. 990.01(38), Stats. DHS 36.03 (32m) (a) “Telehealth” means the use of telecommunications technology by a certified provider to deliver services allowable under this chapter, s. DHS 107.02 (5), and ss. 49.45 (61) and 49.46 (2) (b) 21. to 23., Stats., including assessment, diagnosis, consultation, treatment, or transfer of medically relevant data in a functionally equivalent manner as that of an in-person contact. (b) “Telehealth” may include real-time interactive audio-only communication.
(c) “Telehealth” does not include communication between a certified provider and a recipient that consists solely of an electronic mail, text, or facsimile transmission.
SECTION 24. DHS 36.07 (5) (t) is created to read:
DHS 36.07 (5) (t) Policy on telehealth, including when telehealth can be used and by whom, patient privacy and information security considerations, and the right to decline services provided via telehealth.
SECTION 25. DHS 36.11 (1) (b) 2. is amended to read:
DHS 36.11 (1) (b) 2. Individual, side-by-side session in which the supervisor is present while the staff member provides assessments, service planning meetings or psychosocial rehabilitation services and in which the supervisor assesses, teaches and gives advice regarding the staff member's performance.
SECTION 26. DHS 36.17 (2m) (b) is amended to read:
DHS 36.17 (2m) (b) An attendance roster shall be signed by each person, including shall include recovery team members in attendance at each service planning meeting. The roster shall include the date of the meeting and the name, address and telephone number of each person attending the meeting. Each original, updated, and partially completed service plan shall be maintained in the consumer's service record as required in s. DHS 36.18. SECTION 27. DHS 36.19 (1m) is created to read:
DHS 36.19 (1m) Consumers shall not be required to use telehealth to receive services and an in-person option must be available. Providers are not required to provide services via telehealth to an individual or a program.
SECTION 28. DHS 40.03 (18m), (49m) and (51m) are created to read:
DHS 40.03 (18m) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient quality as to be the same level of service as an in-person visit. Transmission of voices, images, data, or video must be clear and understandable.
DHS 40.03 (49m) “Signature” or “signed” means a signature that meets the requirements in s. 990.01(38), Stats. DHS 40.03 (51m) (a) “Telehealth” means the use of telecommunications technology by a certified provider to deliver services allowable under this chapter, s. DHS 107.02 (5), and ss. 49.45 (61) and 49.46 (2) (b) 21. to 23., Stats., including assessment, diagnosis, consultation, treatment, or transfer of medically relevant data in a functionally equivalent manner as that of an in-person contact. (b) “Telehealth” may include real-time interactive audio-only communication.
(c) “Telehealth” does not include communication between a certified provider and a recipient that consists solely of an electronic mail, text, or facsimile transmission.
SECTION 29. DHS 40.07 (1) (fm) is created to read:
DHS 40.07 (1) (fm) Policy on telehealth, including when telehealth can be used and by whom, patient privacy and information security considerations, and the right to decline services provided via telehealth.
SECTION 30. DHS 40.08 (7) (a) (intro.) is amended to read:
DHS 40.08 (7) (a) Following a seclusion or restraint, a staff member shall talk with the youth face-to-face about each of the following:
SECTION 31. DHS 40.10 (2) is amended to read:
DHS 40.10 (2) Staffing requirements. At all times that youth are present at a program, the program shall have a minimum of two staff members qualified under s. DHS 40.09 (3) on duty site, at least one of whom shall be a mental health professional. The number of staff available shall be based on meeting the treatment needs of youth based on individualized treatment plans, with additional staff present when higher levels of clinical needs are indicated. Calculation of the staff-to-client ratios for the program shall not include volunteers. Programs shall meet all of the following staffing requirements:
SECTION 32. DHS 40.14 (1) (b) 6m. is created to read:
DHS 40.14 (1) (b) 6m. If any part of the services will be delivered via telehealth, a description of those services and clinical justification for delivering services via telehealth rather than in person.
SECTION 33. DHS 50.02 (10m), (19g) and (19r) are created to read:
DHS 50.02 (10m) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient quality as to be the same level of service as an in-person visit. Transmission of voices, images, data, or video must be clear and understandable.
DHS 50.02 (19g) “Signature” or “signed” means a signature that meets the requirements in s. 990.01(38), Stats. DHS 50.02 (19r) (a) “Telehealth” means the use of telecommunications technology by a certified provider to deliver services allowable under this chapter, s. DHS 107.02 (5), and ss. 49.45 (61) and 49.46 (2) (b) 21. to 23., Stats., including assessment, diagnosis, consultation, treatment, or transfer of medically relevant data in a functionally equivalent manner as that of an in-person contact. (b) “Telehealth” may include real-time interactive audio-only communication.
(c) “Telehealth” does not include communication between a certified provider and a recipient that consists solely of an electronic mail, text, or facsimile transmission.
SECTION 34. DHS 50.06 (11m) is created to read:
DHS 50.06 (11m) Policy on telehealth, including when telehealth can be used and by whom, patient privacy and information security considerations, and the right to decline services provided via telehealth.
SECTION 35. DHS 50.09 (4) is amended to read:
DHS 50.09 (4) Program staff who have not completed 3000 hours of supervised clinical experience, or who are not qualified under s. DHS 34.21 (3) (b) 1. to 8., shall receive a minimum of one hour of clinical supervision per week or for every 30 clock hours of face-to-face mental health services they provide. SECTION 36. DHS 50.09 (5) is amended to read:
DHS 50.09 (5) Program staff who have completed 3000 hours of supervised clinical experience and who are qualified under s. DHS 34.21 (3) (b)1. to 8., shall participate in a minimum of one hour of peer clinical consultation per month or for every 120 clock hours of face-to-face mental health services they provide. SECTION 37. DHS 50.12 (5) (d) and (6) (a) are amended to read:
DHS 50.12 (5) (d) Immediately, upon the termination of a physical restraint, a medical staff member, such as a physician, advanced practice nurse prescriber, physician assistant, or registered nurse shall conduct a follow-up assessment of the condition of the youth to ensure that the youth was not injured and shall document the finding of the assessment in the youth's clinical record. If a staff member who is a physician or nurse is not present on site, a licensed treatment professional shall conduct the face-to-face in-person assessment immediately upon termination of the physical restraint and notify a medical staff consultant.
DHS 50.12 (6) (a) Unless clinically contraindicated, within 24 hours of administering a seclusion or physical restraint, a clinical staff member shall talk with the youth face-to-face about each of the following:
SECTION 38. DHS 61.021 (4m) and (13m) are created to read:
DHS 61.021 (4m) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient quality as to be the same level of service as an in-person visit. Transmission of voices, images, data, or video must be clear and understandable.
DHS 61.021 (13m) (a) “Telehealth” means the use of telecommunications technology by a certified provider to deliver services allowable under this chapter, s. DHS 107.02 (5), and ss. 49.45 (61) and 49.46 (2) (b) 21. to 23., Stats., including assessment, diagnosis, consultation, treatment, or transfer of medically relevant data in a functionally equivalent manner as that of an in-person contact. (b) “Telehealth” may include real-time interactive audio-only communication.
(c) “Telehealth” does not include communication between a certified provider and a recipient that consists solely of an electronic mail, text, or facsimile transmission.
SECTION 39. DHS 61.075 is created to read:
DHS 61.075 Use of telehealth. Telehealth may be used to deliver services in this subchapter when functionally equivalent to in-person services. Consumers shall not be required to use telehealth to receive services and an in-person option must be available. Providers are not required to provide services via telehealth to an individual or a program.
SECTION 40. DHS 63.02 (13m), (18m), and (20) are created to read:
DHS 63.02 (13m) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient quality as to be the same level of service as an in-person visit. Transmission of voices, images, data, or video must be clear and understandable.
DHS 63.02 (18m) “Signature” or “signed” means a signature that meets the requirements in s. 990.01(38), Stats. DHS 63.02 (20) (a) “Telehealth” means the use of telecommunications technology by a certified provider to deliver services allowable under this chapter, s. DHS 107.02 (5), and ss. 49.45 (61) and 49.46 (2) (b) 21. to 23., Stats., including assessment, diagnosis, consultation, treatment, or transfer of medically relevant data in a functionally equivalent manner of that of an in-person contact. (b) “Telehealth” may include real-time interactive audio-only communication.
(c) “Telehealth” does not include communication between a certified provider and a recipient that consists solely of an electronic mail, text, or facsimile transmission.
