The following requirements apply to all services provided by licensed counselors or marriage and family therapists using telemedicine:
- (1) The practice of counseling via telemedicine shall be held to the same standards of care as traditional in-person encounters;
(2) The licensed counselor or marriage and family therapist must obtain a detailed explanation of the client’s complaint:
- (A) From the client; or
- (B) The client’s treating provider or treatment team;
- (3) If a decision is made to provide treatment, the licensed counselor or marriage and family therapist must agree to accept responsibility for the care of the client;
- (4) If follow-up care is indicated, the licensed counselor or marriage and family therapist must agree to provide or arrange for such follow-up care;
- (5) The licensed counselor or marriage and family therapist must keep a documented treatment record, including but not limited to psychosocial history;
(6)
- (A) At the client’s request, the licensed counselor or marriage and family therapist must make available to the client an electronic or hard copy version of the client’s treatment record documenting the encounter.
- (B) Additionally, unless the client declines to consent, the licensed counselor or marriage and family therapist must forward a copy of the record of the encounter to the client’s regular treating provider or treatment team if that provider or treatment team is not the same licensed counselor or marriage and family therapist delivering the service via telemedicine;
- (7) Services must be delivered in a transparent manner, including providing access to information identifying the licensed counselor or marriage and family therapist’s licensure and other relevant certifications, as well as client financial responsibilities, in advance of the encounter;
(8)
(A) If the client, at the recommendation of the licensed counselor or marriage and family therapist, needs to be seen in person, the licensed counselor or marriage and family therapist must:
- (i) Arrange to see the client in person; or
- (ii) Direct the client to their regular treating provider or treatment team or other appropriate provider if the client does not have a treating provider or treatment team.
- (B) Such recommendation shall be documented in the client’s treatment record;
- (9) Licensed counselors or marriage and family therapists who deliver services through telemedicine must establish protocols for referrals for emergency services; and
(10)
- (A) Licensed counselors or marriage and family therapists may use telemedicine to provide group therapy.
- (B) Telemedicine shall not be used for group therapy provided to a child who is eighteen (18) years of age or younger.