State Psychology Board Telepsychology Regulations/Policies

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State Psychology Board Telepsychology Laws/Regulations/Policies/Opinions

Kenneth P. Drude, Ph.D.

April 22, 2013

Statute and/or Rules Adopted

California California Telehealth Advancement Act of 2011

Colorado

State Board of Psychology Examiners Policies § 30-1 Teletherapy Policy

Kentucky Statute KRS 319.140 (2000) at Telehealth and Telepsychology Rule 201 KAR 26: 310 (2010) t

Georgia Practicing via Electronic Transmission rule Georgia administrative rule 510-5-.07 (2)

Idaho

Idaho Code § 54-2305-11 (passed in 2013) provides for establishing telepsychology rules

Kansas KAR 102-1-19 requires license in state to practice psychology regardless of person’s location

New Mexico New Mexico Administrative Code

NM Statutes Chp 61, Article 9,

Mississippi

Code Ann. § 73-31-3 (d)(7) and § 73-31-14(3) practice of psychology includes telecommunications

Montana Administrative Rule 24.189.301 definition of a “professional relationship” includes telecommunications

Admin Rule 24.189.607 includes teleconferencing

North Dakota Location of practice of an occupation or profession. North Dakota Century Code (administrative rule) 43-51-02

Ohio Telepsychology Rules 2011 Ohio Administrative Code 4732-17-01 (I)

South Carolina Code Ann. § 40-55-50 (C) requires psychology license to provide services in the state including by telecommunicatons

Tennessee bills introduced in 2013 Senate (1202) and House of Representatives (HB 0965) to regulate telepsychology Summary of bills

Vermont Statute Telepractice Statute 26 V.S.A. § 3018 (1999)

Rule 3.10 Telepractice

Position Papers

New York - Engaging in Telepractice position paper

Massachusetts – see Board website for 2006 opinion (same as NC opinion)

North Carolina Provision of Services Via Electronic Means, 2005 position paper

Virginia Baker (2010) states policy statement issued by Virginia Board of Counseling used by the Virginia

Board of Psychology regarding telehealth issues

Other (e.g. Case rulings, opinions, etc)

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Florida – case in January 2012 board approved Florida licensed psychologist to provide telepsychology from

Michigan to Florida at: http://www.doh.state.fl.us/mqa/psychology/min_11-18-11leg.pdf#search="katharine sandell westie", board opinion June, 5, 2006 regarding requirement for Florida license by Ohio psychologist in

Florida and telepsycholoty to Ohio citizen in Ohio

Louisiana – board opinion that psychologist must be licensed in La to provide telepsychology, that the psychologist is expected to have had a face to face relationship established previously (November 2010 Board minutes – not online) http://www.tsbep.state.tx.us/files/newsletters/1999Fall.pdf

Texas - Telepractice Policy Statement, Newsletter of Texas State Board of Examiners of Psychologists, Fall

1999, Vol. 12, No. 2

Wisconsin

– board opinion in board web site FAQ section that “…psychologists who are using teletherapy with

Wisconsin residents must have a license from the Wisconsin Psychology Examining Board.”

Committees Looking at Telepsychology Regulation/Rules

Arizona – licensing board has a Telepractice Committee meeting at least since 2011referenced in committee minutes online

Indiana – joint committee with state psychology association and licensing board 2012 referenced in board

March 2012 newsletter

Reference

Baker, Deborah . (2010) Telehealth 50-State Review, chart American Psychological Association,

Practice Directorate, Legal & Regulatory Affairs

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