1. (a) Except as provided in section 2290.5 of the Code for trainees, all persons engaging in the practice of marriage and family therapy, educational psychology, clinical social work, or professional clinical counseling via telehealth, as defined in section 2290.5 of the Code, with a client who is physically located in this State must have a current and active license or registration issued by the Board.
2. (b) All psychotherapy services offered by board licensees and registrants via telehealth fall within the jurisdiction of the board just as traditional face-to-face services do. Therefore, all psychotherapy services offered via telehealth are subject to the board's statutes and regulations.

3. (c) Upon initiation of telehealth services, a licensee or registrant shall do the following:

   1. (1) Obtain informed consent from the client consistent with section 2290.5 of the Code.
   2. (2) Inform the client of the potential risks and limitations of receiving treatment via telehealth.
   3. (3) Provide the client with their license or registration number and the type of license or registration.
   4. (4) Document reasonable efforts made to ascertain the contact information of relevant resources, including emergency services, in the patient's geographic area.

4. (d) Each time a licensee or registrant provides services via telehealth, they shall do the following:

   1. (1) Verbally obtain from the client and document the client's full name and address of present location, at the beginning of each telehealth session.
   2. (2) Assess whether the client is appropriate for telehealth, including, but not limited to, consideration of the client's psychosocial situation.

   3. (3) Comply with all applicable federal and state privacy, confidentiality, and security laws and regulations governing the use and disclosure of a client's medical information or protected health information, including the following:

      1. (A) The Confidentiality of Medical Information Act (Part 2.6 (commencing with section 56) of Division 1 of the Civil Code) with respect to a client's medical information.
      2. (B) HIPAA's security standards in Subpart C of Part 164, 45 Code of Federal Regulations (C.F.R) sections 164.302 through 164.318, with respect to a client's PHI. For the purposes of this subparagraph, “HIPAA” means the Health Insurance Portability and Accountability Act of 1996 (42 United States Code sections 1320d-1320d-8) as amended by subsequent legislation and the implementation of Privacy, Security, and Enforcement Rules under 45 C.F.R. Part 160 and Subparts A, C, D, and E of Part 164.

      3. (C) For the purposes of subparagraphs (i) and (ii) of paragraph (3):

         1. 1. “Medical information” has the meaning set forth in section 56.05 of the Civil Code.
         2. 2. “Protected Health Information (PHI)” means the client's “individually identifiable health information” as defined in section 1320d of Title 42 of the United States Code. PHI includes a client's medical history, or mental health history, which is a written record of the client's personal health history that provides information about diagnoses, illnesses, surgeries, hospitalizations, medications, treatments, and results of physical or mental exams and tests.
5. (e) A licensee or registrant of this state may provide telehealth services to clients located in another jurisdiction only if the California licensee or registrant meets the requirements to lawfully provide services in that jurisdiction, and delivery of services via telehealth is allowed by that jurisdiction.

Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 2290.5, 4980, 4989.50, 4996, 4999.30 and 4999.82, Business and Professions Code.

History

1. New section filed 5-26-2016; operative 7-1-2016 (Register 2016, No. 22).

2. Amendment filed 8-19-2025; operative 1-1-2026 pursuant to Government Code section 11343.4(b)(2) (Register 2025, No. 34).