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Tuesday, 07 February 2017 15:13

Ohio

Psychologists

Ohio State Board of Psychology

Chapter 4732-17 Rules of Professional Conduct

http://codes.ohio.gov/oac/4732-17

(I) Telepsychology.

(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.).

http://codes.ohio.gov/oac/4757-5-13

http://codes.ohio.gov/oac/4757-3-01v1

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.

Effective: 7/1/2016

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

Tuesday, 07 February 2017 15:11

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.

Tuesday, 07 February 2017 15:08

New Mexico

Psychologists

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.

http://www.rld.state.nm.us/boards/default.aspx

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.

https://www.nmlegis.gov/sessions/04%20Regular/final/HB0581.html

Social Workers

TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 63     SOCIAL WORKERS

PART 16               CODE OF CONDUCT

http://164.64.110.134/parts/title16/16.063.0016.pdf

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.

Tuesday, 07 February 2017 15:07

New Jersey

https://www.njleg.state.nj.us/2016/Bills/PL17/117_.PDF

Chapter 117, P.L. 2017

Date Approved: July 21, 2017

Effective Date: July 21, 2017

Description:

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.

Tuesday, 07 February 2017 14:46

District of Columbia

We are not aware of any specific rules and regulations of the practice of telemental health services.

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.

Three important questions:

Is there a problem with access to mental health services?
Why are people not receiving treatment?
Can telemental health help?

Tuesday, 17 January 2017 08:53

Choosing a Counselor is Scary

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.

Monday, 16 January 2017 21:15

Digital Dating and Self Esteem

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:

Thursday, 12 January 2017 14:51

Online Dating Advice

Dee Wagner, BC-DMT, LPC, primary creator and instructor of our Digital Dance online course has a new post out on the International Coach Federation blog.

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