Do I have to include any special language in my informed consent when providing teletherapy?
Some states will require that you have language that specifically mentions that the client accepts teletherapy as a mode of care. It is also advisable to include language about the potential risks of using teletherapy.
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Am I allowed to use audio-only or telephonic services when providing teletherapy?
Laws regarding audio-only teletherapy services vary state-to-state. In some states audio-only therapy is not permitted. However, exceptions to this law have been made during the public health emergency. Check your state board for details.
Some states do not specify if audio-only is permissible, however insurance companies may not reimburse services if teletherapy does not include an interactive audio/visual component.
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I do not live in the state I am currently licensed in. Can I still provide teletherapy services to clients of that state even though I am not physically in that state?
Most states do not have a provision that the therapist must be physically present in the state – only that they must hold an active license in that state.
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My client has recently moved to another state. Can I still provide teletherapy services to them?
Usually not. Some states offer temporary licenses which will allow a grace period for you to provide care until they are able to find another therapist.
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Is there any reciprocity between states that would allow me to practice teletherapy with an out-of-state license?
For psychologists, there is an interjurisdictional pact called PSYPACT. Psychologists living in PSYPACT states must first register with PSYPACT before providing teletherapy services to out-of-state clients. For more information see Psychology Interjurisdictional Compact (PSYPACT) (site-ym.com).
Currently there are no interjurisdictional pacts for social work, marriage and family therapists or mental health counselors.Â
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What’s the best way to find the teletherapy laws for my state and licensure type?
Go to your state board’s website and look for documents outlining the rules and regulations of practice. You can search the document using the term “tele” (this will cover telemedicine, telehealth, teletherapy and telepsychology). You may also contact your state board directly with questions.
The Home | Center for Connected Health Policy (cchpca.org) is also a great resource for finding state-specific telehealth information.Â
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When will the COVID-19 provisions expire?
Many states have adopted language stating that provisions will end when “there is no longer a public health emergency.” It is not always clear whether this is in reference to the state declared or federally declared emergency. Some states have specific expiry dates (many of which have been extended multiple times). Check with your state board and sign up for any newsletters or alerts to help stay on top of any policy changes. Â
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Does my teletherapy platform have to be HIPAA compliant?
During the COVID-19 health emergency the department of Health and Human Services (HHS) has stated that it will not prosecute providers for using non-HIPAA compliant services. However, providers must, in good faith, take all precautions necessary to ensure client privacy. See Telehealth: Delivering Care Safely During COVID-19 | HHS.gov for additional information on HIPAA flexibility during COVID-19.
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Where can I find national resources related to Teletherapy?
A number of national organization have developed best practices and guidance for teletherapy - many of these guidelines have also been adopted by state boards. Please visit the following sites for more information:
APA Guidelines for Telepsychology