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Telehealth Certification Institute, LLC

Kentucky

Counselors

http://www.lrc.ky.gov/kar/201/036/045.htm

201 KAR 36:045. Distance counseling.

RELATES TO: KRS 335.505, 335.515(1), (3), (11)
STATUTORY AUTHORITY: KRS 335.515(3), (11)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.515(3) requires the board to promulgate administrative regulations necessary to carry out and enforce the provisions of KRS 335.500 to 335.599. This administrative regulation establishes procedures for preventing abuse and fraud through the use of distance counseling, prevents fee-splitting through the use of distance counseling, and utilizes distance counseling in the provision of professional counseling services and in the provision of continuing education.

Section 1. Client Requirements. A licensee using distance counseling to deliver counseling services or who practices distance counseling shall, upon initial contact with the client:
(1) Make attempts to verify the identity of the client;
(2) Obtain alternative means of contacting the client other than electronically such as by the use of a telephone number or mailing address;
(3) Provide to the client alternative means of contacting the licensee other than electronically such as by the use of a telephone number or mailing address;
(4) Provide contact methods of alternative communication the licensee shall use for emergency purposes such as an emergency on call telephone number; and
(5) Document if the client has the necessary knowledge and skills to benefit from the type of distance counseling provided by the licensee;
(6) Document which services were provided by distance counseling;
(7) Use secure communications with clients, including encrypted text messages via e-mail or secure Web sites, and not use personal identifying information in non-secure communications; and
(8) Inform the client in writing about:
(a) The limitations of using technology in the provision of distance counseling;
(b) Potential risks to confidentiality of information due to technology in the provision of distance counseling;
(c) Potential risks of disruption in the use of distance counseling;
(d) When and how the licensee will respond to routine electronic messages;
(e) In what circumstances the licensee will use alternative communications for emergency purposes;
(f) Who else may have access to client communications with the licensee;
(g) How communications can be directed to a specific licensee;
(h) How the licensee stores electronic communications from the client;
(i) Whether the licensee or client may elect to discontinue the provision of services through distance counseling; and
(j) The reporting of clients required by 201 KAR 36:040, Sections 2 and 3.

Section 2. Competence, Limits on Practice, Maintenance, and Retention of Records. A licensee using distance counseling to deliver counseling services or who practices distance counseling shall:
(1) Limit the practice of distance counseling to the area of competence in which proficiency has been gained through education, training, and experience;
(2) Maintain current competency in the practice of distance counseling through continuing education, consultation, or other procedures, in conformance with current standards of scientific and professional knowledge;
(3) Document the client's presenting problem, purpose, or diagnosis;
(4) Maintain records in accordance with the requirements of 201 KAR 36:040; and
(5) Ensure that confidential communications obtained and stored electronically cannot be recovered and accessed by unauthorized persons when the licensee disposes of electronic equipment and data.

Section 3. Compliance with Federal, State, and Local Law. A licensee using distance counseling to deliver counseling services or who practices distance counseling shall:
(1) Comply with the state law where the licensee initiates the distance counseling;
(2) Be licensed to practice counseling where the client is domiciled; and
(3) Comply with Section 508 of the Rehabilitation Act, 29 U.S.C. 794(d), to make technology accessible to a client with disabilities.

Section 4. Representation of Services and Code of Conduct. A licensee using distance counseling to deliver counseling services or who practices distance counseling shall:
(1) Not engage in false, misleading, or deceptive advertising of distance counseling;
(2) Comply with 201 KAR 36:040; and
(3) Not split fees.

Section 5. Utilization of Distance Counseling in the Provision of Continuing Education. Providers approved pursuant to 201 KAR 36:030 may utilize distance counseling in the provision of continuing education courses. (Ky.R. 837, 1540; eff. 3-31-2017.)

 

Psychologists

Kentucky regulations:

http://www.lrc.ky.gov/kar/201/026/310.htm

201 KAR 26:310. Telehealth and telepsychology.

      RELATES TO: KRS 319.140, 29 U.S.C. 794(d)

      STATUTORY AUTHORITY: KRS 319.032(2); KRS 319.140(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 319.140 requires a treating psychologist utilizing telehealth to ensure a patient’s informed consent and to maintain confidentiality. This administrative regulation protects the health and safety of the citizens of Kentucky and establishes procedures for preventing abuse and fraud through the use of telehealth, prevents fee-splitting through the use of telehealth, and utilizes telehealth in the provision of psychological services and in the provision of continuing education.

      Section 1. Definitions. (1) "Client" is defined by 201 KAR 26:145, Section 2;

      (2) "Telehealth" is defined by KRS 319.140(3);

      (3) "Telepsychology" means "practice of psychology" as defined by KRS 319.010(7) between the psychologist and the patient:

      (a) Provided using an electronic communication technology; or

      (b) Two (2) way, interactive, simultaneous audio and video.

      Section 2. Client Requirements. A credential holder using telehealth to deliver psychological services or who practices telepsychology shall, upon initial contact with the client:

      (1) Make reasonable attempts to verify the identity of the client;

      (2) Obtain alternative means of contacting the client other than electronically;

      (3) Provide to the client alternative means of contacting the credential holder other than electronically;

      (4) Document if the client has the necessary knowledge and skills to benefit from the type of telepsychology provided by the credential holder;

      (5) Use secure communications with clients, including encrypted text messages via e-mail or secure Web sites, and not use personal identifying information in non-secure communications;

      (6) Inform the client in writing about:

      (a) The limitations of using technology in the provision of telepsychology;

      (b) Potential risks to confidentiality of information due to technology in the provision of telepsychology;

      (c) Potential risks of disruption in the use of telepsychology;

      (d) When and how the credential holder will respond to routine electronic messages;

      (e) In what circumstances the credential holder will use alternative communications for emergency purposes;

      (f) Who else may have access to client communications with the credential holder;

      (g) How communications can be directed to a specific credential holder;

      (h) How the credential holder stores electronic communications from the client; and

      (i) The reporting of clients required by 201 KAR 26:145, Section 7.

      Section 3. Competence, Limits on Practice, Maintenance, and Retention of Records. A credential holder using telehealth to deliver psychological services or who practices telepsychology shall:

      (1) Limit the practice of telepsychology to the area of competence in which proficiency has been gained through education, training, and experience;

      (2) Maintain current competency in the practice of telepsychology through continuing education, consultation, or other procedures, in conformance with current standards of scientific and professional knowledge;

      (3) Document the client’s presenting problem, purpose, or diagnosis;

      (4) Follow the record-keeping requirements of 201 KAR 26:145, Section 6; and

      (5) Ensure that confidential communications obtained and stored electronically cannot be recovered and accessed by unauthorized persons when the credential holder disposes of electronic equipment and data.

      Section 4. Compliance with Federal, State, and Local Law. A credential holder using telehealth to deliver psychological services or who practices telepsychology shall comply with:

      (1) State law where the credential holder is credentialed and be licensed to practice psychology where the client is domiciled; and

      (2) Section 508 of the Rehabilitation Act, 29 U.S.C. 794(d), to make technology accessible to a client with disabilities;

      Section 5. Representation of Services and Code of Conduct. A credential holder using telehealth to deliver psychological services or who practices telepsychology:

      (1) Shall not by or on behalf of the credential holder engage in false, misleading, or deceptive advertising of telepsychology;

      (2) Shall comply with 201 KAR 26:145. (37 Ky.R. 1597; Am. 1987; eff. 3-4-2011.)

Kentucky statutes

http://www.lrc.ky.gov/Statutes/statute.aspx?id=31252

319.140 Duty of treating psychologist utilizing telehealth to ensure patient's

informed consent and maintain confidentiality -- Board to promulgate

administrative regulations -- Definition of "telehealth".

(1) A treating psychologist or psychological associate who provides or facilitates the

use of telehealth shall ensure:

(a) That the informed consent of the patient, or another appropriate person with

authority to make the health care treatment decision for the patient, is obtained

before services are provided through telehealth; and

(b) That the confidentiality of the patient's medical information is maintained as

required by this chapter and other applicable law. At a minimum,

confidentiality shall be maintained through appropriate processes, practices,

and technology as designated by the board and that conform to applicable

federal law.

(2) The board shall promulgate administrative regulations in accordance with KRS

Chapter 13A to implement this section and as necessary to:

(a) Prevent abuse and fraud through the use of telehealth services;

(b) Prevent fee-splitting through the use of telehealth services; and

(c) Utilize telehealth in the provision of psychological services and in the

provision of continuing education.

(3) For purposes of this section, "telehealth" means the use of interactive audio, video,

or other electronic media to deliver health care. It includes the use of electronic

media for diagnosis, consultation, treatment, transfer of health or medical data, and

continuing education.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 376, sec. 16, effective July 14, 2000.

 

Social Workers

Kentucky statutes.

http://www.lrc.ky.gov/Statutes/statute.aspx?id=31935

335.158 Duty of treating clinical social worker utilizing telehealth to ensure

patient's informed consent and maintain confidentiality -- Board to

promulgate administrative regulations -- Definition of "telehealth".

(1) A treating clinical social worker who provides or facilitates the use of telehealth

shall ensure:

(a) That the informed consent of the patient, or another appropriate person with

authority to make the health care treatment decision for the patient, is obtained

before services are provided through telehealth; and

(b) That the confidentiality of the patient's medical information is maintained as

required by this chapter and other applicable law. At a minimum,

confidentiality shall be maintained through appropriate processes, practices,

and technology as designated by the board and that conform to applicable

federal law.

(2) The board shall promulgate administrative regulations in accordance with KRS

Chapter 13A to implement this section and as necessary to:

(a) Prevent abuse and fraud through the use of telehealth services;

(b) Prevent fee-splitting through the use of telehealth services; and

(c) Utilize telehealth in the provision of clinical social work services and in the

provision of continuing education.

(3) For purposes of this section, "telehealth" means the use of interactive audio, video,

or other electronic media to deliver health care. It includes the use of electronic

media for diagnosis, consultation, treatment, transfer of health or medical data, and

continuing education.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 376, sec. 20, effective July 14, 2000.

 

Marriage and Family Therapists

Kentucky statutes.

http://www.lrc.ky.gov/Statutes/statute.aspx?id=31954

335.380 Duty of treating marriage and family therapist utilizing telehealth to

ensure patient's informed consent and maintain confidentiality -- Board to

promulgate administrative regulations -- Definition of "telehealth".

(1) A treating marriage and family therapist who provides or facilitates the use of

telehealth shall ensure:

(a) That the informed consent of the patient, or another appropriate person with

authority to make the health care treatment decision for the patient, is obtained

before services are provided through telehealth; and

(b) That the confidentiality of the patient's medical information is maintained as

required by this chapter and other applicable law. At a minimum,

confidentiality shall be maintained through appropriate processes, practices,

and technology as designated by the board and that conform to applicable

federal law.

(2) The board shall promulgate administrative regulations in accordance with KRS

Chapter 13A to implement this section and as necessary to:

(a) Prevent abuse and fraud through the use of telehealth services;

(b) Prevent fee-splitting through the use of telehealth services; and

(c) Utilize telehealth in the provision of marriage and family therapy services and

in the provision of continuing education.

(3) For purposes of this section, "telehealth" means the use of interactive audio, video,

or other electronic media to deliver health care. It includes the use of electronic

media for diagnosis, consultation, treatment, transfer of health or medical data, and

continuing education.

Effective: July 14, 2000

History: Created 2000 Ky. Acts ch. 376, sec. 21, effective July 14, 2000.

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I loved this course. It was very informative and provide a great deal of information about ethics.
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Easy to learn and easy to follow. User friendly on-line course.
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Licensed Mental Health Therapist

Awesome

Melissa J Davis
LAPC- counselor
This was a phenomenal training and necessary for the continued growth of all helping professionals. This will certainly improve the manner in which I conduct counseling.
Elaine Marie Barclay
This training was extremely informative and supportive for professionals looking to gain further knowledge in Telemental health.
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Contract Therapist
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Ashley Simmons
BCBA / Northstar Psychological Services

Love the course, worth every penny!!! Definitely helped jump start my Tele-mental health services!

Nakia Clark
Owner/ Therapist / Insightfullly You, LLC

This gave me and my staff some important insights and information regarding telehealth..

Larry Cowan
Executive Director / Samaritan Counseling and Growth

This course was easy and user friendly

Vanessa Reiser
Social Worker / JBFCS

I learned a great deal from this program and look forward to implementing telemental health in my therapy practice.

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Therapist

It was fantastic! Just the forms he provides are worth the cost of the course!

Mark Wagemaker, LPC, NCC, DCC, CPCS
Counselor, Clinical Supervisor / Transitions Counseling

This was an excellent class and worth my time.  Ray provided great information and is clearly an expert in TMH!

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Director / Restoration Counselor of Atlanta, LLC

I found these courses informative and helpful. They make establishing best practices policies and procedures for telemental health services and supervising those who provide them. so much easier. I highly recommend his courses.

Nena Rybarczyk, MA, EMBA, LPC, NCC, CPCS
Counselor / Strategies for Life Counseling, LLC

Ray's workshop was one of the most informative I have taken in years. He brought clarity to took a topic which has been intimidating and I left feeling empowered!

TRUDY POST SPRUNK, LMFT-S LPC CPCS RPT-S CPT-S EMD
Clinical Supervisor and Play Therapist / Georgia Association for Play Therapy