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North Dakota

Psychologists

http://ndsbpe.org/uploads/3/4/2/2/34222756/faq_telepsychology_4-14-15.pdf

ND STATE BOARD OF PSYCHOLOGIST EXAMINERS 1

BOARD STATEMENT ON TELEPSYCHOLOGY IN NORTH DAKOTA

 The use of technology to provide psychological services via remote means, sometimes known as

telepsychology, is a bourgeoning part of our profession. While telepsychology can increase efficiencies and make mental health services more accessible, it is not without its own complexities. For example, psychologists practicing telepsychology must adhere not only to guidelines related to the utilization of new methods in the delivery of services  APA/ASPPB/APAIT Joint Telepsychology Guidelines), but must also follow the laws of multiple jurisdictions as those laws apply to their practice of telepsychology. This

statement is meant to briefly orient psychologists to some of the issues they may encounter related to telepsychological practice.

 First, there is no special licensure status or credential within North Dakota for the practice of

telepsychology. As a result, a psychologist licensed in North Dakota may be permitted to provide

telepsychology services to recipients located either inside or outside North Dakota. When doing so, the psychologist must comply with the laws and regulations of a) North Dakota, including NDCC 43-32 and 43-51, b) the jurisdiction in which the psychologist is located, and c) the jurisdiction in which the recipient is located. The psychologist should specifically be aware of whether each jurisdiction permits telepsychology and how they regulate it.

 A psychologist licensed in another jurisdiction, but who is not licensed in North Dakota may also be permitted to provide telepsychology services in North Dakota. If the psychologist or the recipient is located in North Dakota, the psychologist must comply with North Dakota laws, including NDCC 43-32 and 43-51.

These laws require, in part, that the services of the psychologist be within the scope of practice and title of the license of psychologist. In situations where the recipient is located in North Dakota, the law also requires that the services be a continuation of a professional relationship with the recipient that was formed first in the jurisdiction which the provider is licensed, as long as the foreign jurisdiction permits remote practice. This psychologist must also comply with the laws of the jurisdictions where a) the psychologist is licensed, b) the psychologist is located, and c) the recipient is located. This psychologist should specifically be aware of whether each jurisdiction permits telepsychology and how they regulate it.

A psychologist’s failure to follow the laws of any of the jurisdictions in which they are licensed or located, or where the recipient of their services is located, may result in discipline of the psychologist by all of the relevant jurisdictions. Psychologists are strongly encouraged to regularly review the applicable laws to ensure their practices, including their provision of telepsychology, are compliant.

Permutations:

ND Licensed Psychologist/Applied Behavior Analyst providing telepsychology services:

1. Psychologist/BA in ND; Recipient in ND

a. A licensee located in ND may provide remote services to individuals in ND within

their competence of the scope of practice and title of the license. Licensees doing so

should be aware of regulations related to this practice, including (but not limited to):

NDCC 43-32 and 43-51. There is no special licensure status or credential within ND

for telepractice.

2. Psychologist/BA in ND; Recipient out of ND

a. A licensee located in ND may provide remote services to individuals in another

jurisdiction if such a practice is authorized in that jurisdiction. However, if such

practice would be illegal, or the licensee violates a law of that other jurisdiction, or of

ND, they would be subject to disciplinary action in ND (and likely the other

jurisdiction). Licensees doing so should be aware of regulations related to this

practice, including (but not limited to): NDCC 43-32 and 43-51.There is no special

licensure status or credential within ND for telepractice.

3. Psychologist/BA out of ND; Recipient in ND

a. AND licensee traveling in another state at the time of providing remote services to

individuals located in ND, must additionally ensure compliance with the laws of the

jurisdiction in which they are located at the time of practice (see number 2).

4. Psychologist/BA out of ND; Recipient out of ND

a. A ND licensee traveling in another state at the time of providing remote services to

individuals located outside ND, the licensee must additionally ensure compliance with

ND STATE BOARD OF PSYCHOLOGIST EXAMINERS 2

the laws of the jurisdiction in which they are located at the time of service as well as

the jurisdiction that the recipient is located at the time of services.

Non-ND Psychologist/BA providing telepsychology services INTO ND:

1. Non-ND Psychologist/BA in licensed state; recipient in ND

a. A non-ND licensed provider may provide remote services to individuals within ND

within their competence and scope of practice and title of the license of psychologist,

as long as this is a continuation of a professional relationship with the

recipient that was formed first in the jurisdiction which the provider is licensed

and as long as the foreign jurisdiction permits remote practice. Foreign

licensees doing so should be aware of regulations related to this practice, including

(but not limited to): NDCC 43-32 and 43-51.

2. Non-ND Psychologist/BA in ND; recipient in ND

a. A non-ND licensed provider may NOT provide remote services to individuals in ND if

they are located in ND at the time of services, as they would not be licensed to

practice within this jurisdiction. Foreign licensees doing so should be aware that any

person who violates any of the provision of NDCC 43-32 is guilty of a class B

misdemeanor, and civil remedies may also apply.

3. Non-ND Psychologist/BA in state not licensed in; recipient in ND

a. A non-ND licensed provider may not initiate services from a jurisdiction in which they

are not licensed and provide these services to a recipient in ND. Foreign licensees

doing so should be aware that any person who violates any of the provision of NDCC

43-32 is guilty of a class B misdemeanor, and civil remedies may also apply.

Final draft edits by MAL 10/17/2014

Social Workers

From the Code of Ethics.

http://www.legis.nd.gov/information/acdata/pdf/75.5-02-06.1.pdf

CHAPTER 75.5-02-06.1

CODE OF ETHICS

3.e.  Social workers who provide services via electronic media such as computer, telephone,

radio, and television shall inform recipients of the limitations and risks associated with

such services.

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Ray is down-to-earth, warm, pragmatic and exceptionally well-informed.
G. Reid Doster, LPC, LMFT
Director of Behavioral Health, EXCELth Inc.Primary Health Network & Private Practice Psychotherapist / www.excelth.com

An excellent course, but needs more legal information regarding where the patient needs to reside.

Barry Barmann
Clinical Psychologist / Behavior Therapy & Family Counseling Clinic
This legal course was phenomenal saturated with much detail and clarity!
Elaine Marie Barclay
Licensed Professional Counselor, Assistant Professor / Capella University and Shorter University
Great and very informative! Will help me take my skills to a new level. Gave me a great idea of how the session should go.
Jessica Latin
LPC / JL Counseling

Course provided several case scenarios regarding Interstate counseling and resource websites for further research.

Cowenda Jefferson
Clinical Director / Wise Life Choices LLC
Course provided additional information regarding the legal aspects of TeleMental Health.
Cowenda Jefferson
Clinical Director / Wise LIfe Choices LLC
I have completed prior training by Raymond and greatly appreciate his detailed and thorough trainings.
Dr Lynn Duffy, PsyD, LCPC, NCC, CCMHC, BCPCC, BC-TMH, Diplomate/CMH in Trauma
Director/Counselor/Mediator / Lighthouse Counseling & Consulting Services
This course was most helpful in helping me make my practice more compliant for me and my clients.
Marlene Small
Private Psychotherapist
This is the 4th TMH course I have taken with Ray and it is BY FAR the best TMH training out there. I've learned so much that I can use every day in my practice.
Dawn Ferrara
LPC-S, LMFT

Very Informative

Naomie Pierre
community clinician / nps
I loved this course. It was very informative and provide a great deal of information about ethics.
Tracey Marshall
Easy to learn and easy to follow. User friendly on-line course.
Kelly Johnson
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.
Marcy Abramsky
LCSW / Marcy Abramsky LCSW, InspireAmind TM Counseling and Consulting
I found this video to be very informative and helpful.
Michelle Parker
Contract Therapist

Great course, very informative!

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.

Michelle Hitchcock
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!

Jennifer Stuckert
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