1. A. In order to provide teletherapy services to a client, a CRNP/PMH or PMH/APRN shall have:

   1. (1) Established a client-therapist relationship;
   2. (2) Performed a mental status assessment;
   3. (3) Established a diagnosis;
   4. (4) Developed a treatment plan; and
   5. (5) Obtained an informed consent from the client to provide teletherapy.

2. B. Before providing teletherapy services, the CRNP/PMH or PMH/APRN shall develop a procedure to:

   1. (1) Verify the identity of the client receiving teletherapy services;
   2. (2) Ensure that all medical records are protected from unauthorized access through encryption or other means;
   3. (3) Ensure that the CRNP/PMH or PMH/APRN provides a secure and private teletherapy connection and complies with federal and state privacy laws;
   4. (4) Notify a client in the event of a data breach in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and the Maryland Confidentiality of Medical Records Act; and
   5. (5) Establish safety protocols to be used in the case of an emergency.

3. C. At the outset of each teletherapy session, the CRNP/PMH or PMH/APRN shall:

   1. (1) Identify all individuals present at each location and confirm that they are permitted to hear or access personal health information;
   2. (2) Obtain or confirm an alternative method of contacting the client in case of a technological failure; and
   3. (3) Determine whether the client is in Maryland.

Authority: Health Occupations Article, §§1-901, 1-902, and 8-205(a)(2)—(5), Annotated Code of Maryland

Effective date: July 29, 2019 (46:15 Md. R. 655)