BBS Crafting New Telehealth Services Regulations for Practitioners

By Rajeshwari Prasad

There is a nationwide increase in therapy via electronic means (or telehealth), but this has also resulted in confusion among practitioners and consumers. In California, telehealth can be provided by valid license holders such as marriage and family therapists, clinical social workers, educational psychologists and clinical counselors. However, specific guidelines about jurisdiction, particularly from the Department of Consumer Affairs and Board of Behavioral Sciences (BBS), are still unclear.

The BBS is currently proposing the following amendments to improve and clarify telehealth practices:

• Practitioners of Board-approved practices will be required to have a valid California license if the client is also physically located in California. This amendment is in response to questions about out-of-state practitioners providing services to consumers in California.
• Laws and regulations applying to traditional face-to-face services also apply to telehealth services. Telehealth practitioners are required to abide by the same laws and regulations as traditional practitioners.
• Practitioners will be required to take certain initiatives when providing telehealth services for the first time such as documenting informed consent with client, informing client of potential risks and benefits, ensuring that client has the license or registration number of practitioner, and confirming that client has access to written emergency procedures, in case the practitioner is unavailable during a crisis. These requirements are designed to overcome the differences with telehealth services in comparison to traditional services.
• To protect the consumer, practitioners will be required to fulfill certain requirements when providing telehealth services such as obtaining a verbal confirmation and written documentation of client’s full name and current location, assessing client’s appropriateness for telehealth, and using best practices with regards to maintaining confidentiality and securing the communication medium used in therapy.
• Out-of-State Board licensees providing telehealth services must comply with the laws and regulations of that state.
• Failing to comply with these requirements will be considered unprofessional conduct.

These proposed amendments will cost BBS an additional $30,720 annually, but will have no impact on the amount of federal funding to the state and will have little impact on California businesses. Practitioners electing to provide telehealth services will be impacted by the costs of their chosen communication medium.

With globalization and technological advancements, practitioners will be challenged with unforeseen circumstances and situations when providing services to consumers. New mediums will no doubt surface in the market, requiring continuous evaluation of current practice standards and regulations. These evaluations will be strengthened by practice and evidence-based standards.

The BBS will take comments and suggestions regarding these proposed amendments until August 24, 2015. Contact Rosanne Helms at 1625 N. Market Blvd, Suite S-200, Sacramento, California 95834 or by phone at (916) 574-7897; fax (916) 574-8626; or email at rossanne.helms@dca.ca.gov.