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Alabama

Counselors

Counselors

Source

A.12. TECHNOLOGY APPLICATIONS

“a. Use of Technology. When technology applications are used in counseling services, licensed professional counselors must ensure that: (1) the client is intellectually, emotionally, and physically capable of using the technology application; (2) the technology application is appropriate for the needs of the client; (3) the client understands the purpose and operation of the technology applications; and (4) a follow-up of client use of a technology application is provided to correct possible misconceptions, discover inappropriate use, and assess subsequent needs.   

b. Explanation of Limitations. Licensed professional counselors ensure that clients are provided information as a part of the counseling relationship that adequately explains the limitations of technology applications.  

c. Access to Technology Applications. Licensed professional counselors provide for equal access to technology applications in counseling services. (See A.2.a.).  

d. Distance Technology Counseling Services. Licensed professional counselors who employ distance technology for counseling services must observe and demonstrate all aspects of client rights and welfare, client confidentiality, professional responsibility (including relationships with other professionals), procedures for assessment, and resolution of ethical issues reflected in the Code of Ethics and Standards of Practice adopted by the Alabama Board of Examiners in Counseling. Addressing and resolving any disparities between ethical or legally-mandated practices required in face-to-face counseling services versus distance technology counseling services is the ethical duty of the licensed professional counselor. Ethical standards for a licensed professional counselor who employs distance technology counseling services shall apply to client care and public protection regardless of the destination point of such counseling services unless otherwise prohibited by law. (See A.3.a.).”

Social Workers

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

Marriage and Family Therapists

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

Psychologists

Source

American Psychological Association Practice – Legal & Regulatory Affairs

Code of Ala. § 34-26-41

“(f) f) An individual who possesses a valid license to practice psychology independently at the doctoral level, by any jurisdiction recognized

by the Association of State and Provincial Psychology Boards, may practice psychology in Alabama for no more than 30 days each calendar year without applying for a license to practice psychology in Alabama unless otherwise exempted pursuant to this chapter. This authority to practice does not apply to a psychologist who has been denied licensure in Alabama, is a legal resident of Alabama, or intends to practice full-time or a major portion of his or her time in Alabama. “

Source

“Alabama enacted a bill in 3/18/2021/Becomes Effective June 1, 2021)* to join the Psychology Interjurisdictional Compact (PSYPACT).”

“* indicates PSYPACT legislation has been enacted in a state but has not been formally adopted by the PSYPACT Commission.”

“PSYPACT authorizations are not yet valid in this state. The PSYPACT  Commission is slated to meet in August 2021.”

Psychiatrists

Source

“Telemedicine, or telehealth, is the provision of medical services to a patient via telecommunication. To provide medical services to an Alabama patient via telemedicine, the physician must hold either a full license or a license to practice across state lines.”

Regulation of Telemedicine/Telehealth

  • “There are currently no Alabama statutes or rules in place that specifically regulate telemedicine vs. the traditional, in-person practice of medicine. There are federal regulations (such as HIPAA, DEA regulations, third-party payors) regarding telehealth that should be discussed with your attorney.
  • Physicians are held to the same standard of care irrespective of the modality of treatment. This includes rules concerning the establishment of a physician-patient relationship, the prescribing of controlled substances, general prescribing guidelines, and prescribing without having had a physical exam.
  • There is no requirement for a contract with the patient before providing medical care via telemedicine.”

Licensing Requirements for Telemedicine/Telehealth

  • “Physicians: Alabama full traditional license, a license via the Interstate Medical Licensure Compact, or special purpose license to practice medicine across state lines.”
  • “Physician Assistants: Alabama license to practice as a physician assistant and approved registration to a supervising physician. Be aware that there may be certain in-person and other quality assurance requirements. See Board Rules, Chapter 540-X-7.

“NOTE: In the event of a national emergency, natural disaster, or state emergency, a physician assistant may provide emergency medical treatment without immediate physician supervision or direction to patients within the affected areas of the state, provided that the treatment is within the scope of the assistant’s education, training and approved job description. The physician assistant in such circumstance shall make reasonable efforts to inform his or her supervising physician of the location and type of emergency medical services being provided and shall act in conformance with the direction of local medical supervisors. The authority granted under this paragraph shall extend only for the duration of the declared national emergency or state emergency or natural disaster.”

Source

Prescribing Controlled Substances via Telemedicine/Telehealth

  • “The Board has no rules to prohibit the prescribing of controlled substances via telemedicine; however, the provider must comply with all requirements with regard to prescription guidelines, treating chronic pain, and utilizing risk and abuse mitigation strategies.  See Rules 540-X-8-.06, .08, and .09 and Chapter 540-X-19.
  • DEA regulations currently require a previous in-person examination before prescribing controlled substances via telemedicine, except in a declared health emergency.”

Refer to the source provided for all requirements and limitations.

Nurses

Source

Alabama Board of Nursing

ATTENTION: If you currently hold a valid multistate license in another Compact state, you are not required to obtain an Alabama RN or LPN license to practice nursing in Alabama. However, APRNs holding RN multistate licenses in other Compact states still must apply for approval to engage in advanced practice nursing.

“Effective January 1, 2020, as a party state to the Nurse Licensure Compact (NLC), Alabama issues multistate licenses to nurses and applicants who reside in the state and recognizes multistate licenses issued by other party states, for practice in Alabama. A nurse holding a multistate license is entitled to practice in any NLC party state, but must comply at all times with the laws of the state where he or she is currently practicing.”

“It should be noted that not every state in the US is an NLC party state; a map of participating states, as well as further resources related to the NLC, are available on the Nurse Licensure Compact website.”

Prescribing Controlled Substances via Telemedicine/Telehealth

  • “The Board has no rules to prohibit the prescribing of controlled substances via telemedicine; however, the provider must comply with all requirements with regard to prescription guidelines, treating chronic pain, and utilizing risk and abuse mitigation strategies.  See Rules 540-X-8-.06, .08, and .09 and Chapter 540-X-19.
  • DEA regulations currently require a previous in-person examination before prescribing controlled substances via telemedicine, except in a declared health emergency.”

Refer to the source provided for all requirements and limitations.

Medicaid Telehealth Parity Law

Source: The Alabama Medicaid Provider Billing Manual

Video sessions are reimbursed

Refer to the source provided for all requirements and limitations.

Private Pay Telehealth Parity Law

We are not aware of any parity law.

Payment Parity

We are not aware of any explicit payment parity.

*Clinicians who have had an experience with telehealth reimbursement in this state are invited to share their experiences in the comments section below: a) type of service provided; b) insurance provider; c) payment parity, payment issues, or insurance requirements

Permission for the Temporary Practice of Clinicians Licensed Outside the State

Counselors - 30 days Alabama Code Title 34. Professions and Businesses § 34-8A-3

Psychologists - 30 days Alabama Code Title 34. Professions and Businesses § 34-26-41(f)

Refer to the source provided for all requirements and limitations.

 

Note: As this is a free resource and Rules and Regulations regarding Telehealth are always changing, we appreciate any updates or corrections. They can be emailed to us at This email address is being protected from spambots. You need JavaScript enabled to view it. with a link to the source or a citation of the rule or regulation.

THTC Program Button

Telemental health is not a separate service from mental health services. All state licensing boards require that licensed clinicians follow all the regulations for practicing under their license no matter what medium of communication is used. All licensing boards also require that clinicians only practice within the boundaries of their competence. This usually requires education, continuing education, and/or supervision in telemental health. Complete our telehealth training program to cover all the essential competencies of providing telemental health services and earn the THTC (Telemental Health Training Certificate).

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