Ohio State Board of Psychology
Chapter 4732-17 Rules of Professional Conduct
(1) "Telepsychology" means the practice of psychology or school psychology as those terms are defined in divisions (B) and (E) of section 4732.01 of the Revised Code, including psychological and school psychological supervision, by distance communication technology such as but not necessarily limited to telephone, email, Internet-based communications, and videoconferencing.
(2) In order to practice telepsychology in the state of Ohio one must hold a current, valid license issued by the Ohio board of psychology or shall be a registered supervisee of a licensee being delegated telepsychology practices in compliance with paragraphs (B) and (C) of rule 4732-13-04 of the Administrative Code.
(3) License holders understand that this rule does not provide licensees with authority to practice telepsychology in service to clients domiciled in any jurisdiction other than Ohio, and licensees bear responsibility for complying with laws, rules, and/or policies for the practice of telepsychology set forth by other jurisdictional boards of psychology.
(4) License holders practicing telepsychology shall comply with all of these rules of professional conduct and with requirements incurred in state and federal statutes relevant to the practice of psychology and school psychology.
(5) License holders shall establish and maintain current competence in the professional practice of telepsychology through continuing education, consultation, or other procedures, in conformance with prevailing standards of scientific and professional knowledge. License holders shall establish and maintain competence in the appropriate use of the information technologies utilized in the practice of telepsychology.
(6) License holders recognize that telepsychology is not appropriate for all psychological problems and clients, and decisions regarding the appropriate use of telepsychology are made on a case-by-case basis. License holders practicing telepsychology are aware of additional risks incurred when practicing psychology or school psychology through the use of distance communication technologies and take special care to conduct their professional practice in a manner that protects the welfare of the client and ensures that the client's welfare is paramount. License holders practicing telepsychology shall:
(a) Conduct a risk-benefit analysis and document findings specific to:
(i) Whether the client's presenting problems and apparent condition are consistent with the use of telepsychology to the client's benefit; and
(ii) Whether the client has sufficient knowledge and skills in the use of the technology involved in rendering the service or can use a personal aid or assistive device to benefit from the service.
(b) Not provide telepsychology services to any person or persons when the outcome of the analysis required in paragraphs (I)(6)(a)(i) and (I)(a)(ii) of this rule is inconsistent with the delivery of telepsychology services, whether related to clinical or technological issues.
(c) Upon initial and subsequent contacts with the client, make reasonable efforts to verify the identity of the client;
(d) Obtain alternative means of contacting the client;
(e) Provide to the client alternative means of contacting the licensee;
(f) Establish a written agreement relative to the client's access to face-to-face emergency services in the client's geographical area, in instances such as, but not necessarily limited to, the client experiencing a suicidal or homicidal crisis;
(g) Licensees, whenever feasible, use secure communications with clients, such as encrypted text messages via email or secure websites and obtain and document consent for the use of non-secure communications.
(h) Prior to providing telepsychology services, obtain the written informed consent of the client, in language that is likely to be understood and consistent with accepted professional and legal requirements, relative to:
(i) The limitations and innovative nature of using distance technology in the provision of psychological or school psychological services;
(ii) Potential risks to confidentiality of information due to the use of distance technology;
(iii) Potential risks of sudden and unpredictable disruption of telepsychology services and how an alternative means of re-establishing electronic or other connection will be used under such circumstances;
(iv) When and how the licensee will respond to routine electronic messages;
(v) Under what circumstances the licensee and service recipient will use alternative means of communications under emergency circumstances;
(vi) Who else may have access to communications between the client and the licensee;
(vii) Specific methods for ensuring that a client's electronic communications are directed only to the licensee or supervisee;
(viii) How the licensee stores electronic communications exchanged with the client;
(7) Ensure that confidential communications stored electronically cannot be recovered and/or accessed by unauthorized persons when the licensee disposes of electronic equipment and data;
(8) If in the context of a face-to-face professional relationship the following are exempt from this rule:
(a) Electronic communication used specific to appointment scheduling, billing, and/or the establishment of benefits and eligibility for services; and,
(b) Telephone or other electronic communications made for the purpose of ensuring client welfare in accord with reasonable professional judgment.
Counselors, Social Workers, and Marriage and Family Therapists
Ohio Counselor, Social Worker, and Marriage and Family Therapist Board
4757-5-13 Standards of practice and professional conduct: electronic service delivery (internet, email, teleconference, etc.).
Electronic service delivery is defined in paragraph (EE) of rule 4757-3-01 of the Administrative Code. Licensees are reminded that standards of ethical practice and professional conduct rules 4757-5-01 to 4757-5-12 of the Administrative Code apply to electronic service delivery.
(A) These standards govern the practice of electronic service delivery and address practices that are unique to electronic service delivery and electronic service delivery practitioners.
(1) All practitioners providing counseling, social work or marriage and family therapy via electronic service delivery to persons physically present in Ohio shall be licensed in Ohio.
(2) All licensees of this board providing services to clients outside the state of Ohio shall comply with the laws and rules of that jurisdiction.
(3) Electronic service delivery shall require an initial face-to-face meeting, which may be via video/audio electronically, to verify the identity of the electronic service delivery client. At that meeting steps shall be taken to address impostor concerns, such as by using passwords to identify the client in future electronic contacts.
(4) Informed consent shall include information defining electronic service delivery as practiced by the licensee and the potential risks and ethical considerations per paragraph (B) of rule 4757-5-02 of the Administrative Code.
(a) Licensees shall obtain written informed consent.
(b) Licensees shall not provide services without client signed informed consent.
(5) Licensees shall provide links to websites for all of their certification bodies and licensure boards to facilitate consumer protection.
(6) Licensees shall identify an appropriately trained professional who can provide local assistance, including crisis intervention, if needed. Licensees shall provide electronic service delivery clients the local crisis hotline telephone number and the local emergency mental health telephone number.
(7) Licensees shall provide a link to the board's online license verification site on their web page.
(B) Confidentiality in electronic service delivery shall be maintained by the licensee:
(1) Licensees shall use encryption methods for electronic service delivery , except for treatment reminders, scheduling contacts or other information provided outside of a therapeutic context; and
(2) Shall inform electronic service delivery clients details of data record storage.
Five Year Review (FYR) Dates: 09/20/2017
Promulgated Under: 119.03
Statutory Authority: 4757.11
Rule Amplifies: 4757.11
Prior Effective Dates: 10/18/09
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.
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
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
From the Code of Ethics.
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
Over a phone call to the board’s office, it was stated that as of now (2/7/17) since telehealth services are not mentioned in the scope of practice it is not allowed.
Counseling, Marriage and Family Therapy, Art Therapy, Alcohol and Drug Abuse Counseling
Over a phone call to the board’s office, it was stated that as of now (2/7/17) since telehealth services are not mentioned in the scope of practice it is not allowed.
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 63 SOCIAL WORKERS
PART 16 CODE OF CONDUCT
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.
Social Workers must maintain confidentiality of the patient.
Chapter 117, P.L. 2017
Date Approved: July 21, 2017
Effective Date: July 21, 2017
This law authorizes health care providers, including, but not limited to, licensed physicians, nurses, nurse practitioners, psychologists, psychiatrists, psychoanalysts, clinical social workers, physician assistants, professional counselors, respiratory therapists, speech pathologists, audiologists, and optometrists, to remotely provide health care services to patients through the use of telemedicine and telehealth.
It specifies that Medicaid, NJ FamilyCare, and certain health insurance providers, including the carriers of health benefits plans, the State Health Benefits Commission, and the School Employees’ Health Benefits Commission, are each to provide coverage and payment for services provided through telemedicine and telehealth on the same basis as, and at a provider reimbursement rate that does not exceed the provider reimbursement rate that is applicable, when the services are delivered in-person in New Jersey.
This law takes effect immediately.
Social media has a wealth of information. This great amount of data allows us to look at trends, discover correlations, and make predictions. We can now use it to alert people of mental health needs and send them helpful resources.
Is there a problem with access to mental health services?
Why are people not receiving treatment?
Can telemental health help?
Have you ever had to find a counselor for yourself or a family member? It can be nerve wrecking. The emotional, time, and financial commitment can be great. Sometimes, if the counselor and client are not a fit, the client may give up on ever trying counseling again.
Technology has found a good solution to this. Check it out on this video.
How do we as therapists help our clients with digital dating? A new study sited at the American Psychological Association links swiping with self-esteem issues. Dee Wagner, BC-DMT, LPC, primary creator and instructor of our Digital Dance online course recently wrote a blog post on her site LustierLife.com that addresses profile writing in the digital dating process. Dee shares: