To provide, by digital, telephonic, or other electronic means, any service defined under AS 08.63.900 as the practice of marital and family therapy, a licensee shall secure informed consent from a client. Informed consent must be written, and clearly set out the benefits and risks of entering into distance professional services. The informed consent must identify the means of contact with the client, including the use of a telephone, online synchronous counseling, electronic billing, text messaging, or electronic mail. The informed consent must also
- (1) identify issues related to the difficulty of maintaining the confidentiality of electronically transmitted communications;
- (2) inform clients of all colleagues, supervisors, and employees, such as information technology (IT) administrators, who might have authorized or unauthorized access to electronic transmissions;
- (3) inform clients of the risks of access, including by family members and employees who have access to technology used in the counseling process;
- (4) inform clients of pertinent legal rights and limitations governing the practice of a profession over state lines or international boundaries;
- (5) inform clients that, whenever possible, encrypted websites and electronic mail communications will be used to help ensure confidentiality;
- (6) when the use of encryption is not possible, inform clients of this limitation and limit electronic transmissions to general communications that are not client-specific;
- (7) inform clients if and for how long archival storage of transaction records is maintained;
- (8) discuss the possibility of technology failure and alternate methods of service delivery during a failure;
- (9) inform clients of emergency procedures, such as calling 911 or a local crisis hotline, when the licensee is not available;
- (10) inform clients of the limits of confidentiality under AS 08.63.200;
- (11) identify, as applicable, time zone differences, local customs, and cultural or language differences that might impact services delivery;
- (12) inform clients when technology-assisted distance professional services are not covered by insurance; and
- (13) fully disclose the licensee's licensing, credentials, and areas of expertise.
(Eff. 6/22/2019, Register 230)
Authority: AS 08.63.050, AS 08.63.100, AS 08.63.110, AS 08.63.210