1. A. Before providing teletherapy services, a teletherapy practitioner shall develop and follow a procedure to:

   1. (1) Verify the identification of the client receiving teletherapy services through the use of:

      1. (a) A government-issued photograph identification;
      2. (b) An insurance, Medicaid, or Medicare card; or

      3. (c) Documentation of the client’s:

         1. (i) Date of birth; and
         2. (ii) Home address;

   2. (2) For an initial client-teletherapy practitioner encounter, disclose the teletherapy practitioner’s:

      1. (a) Name;
      2. (b) Maryland license or certificate number and type or compact privilege number, if applicable; and
      3. (c) Contact information;
   3. (3) Obtain oral or written informed consent from a client or a client’s parent or guardian if State law requires the consent of a parent or guardian, including informing clients of potential risks and benefits of services to be performed;
   4. (4) Securely collect and transmit a client’s clinical data and self-reported medical history, as necessary, and prevent access to data by unauthorized persons through encryption or other means;
   5. (5) Notify clients in the event of a data breach;
   6. (6) Ensure that the teletherapy practitioner provides a secure and private communication modality and complies with federal and state privacy laws; and
   7. (7) Establish safety protocols to be used in the case of an emergency, including contact information for emergency services at the client’s location.

2. B. Except when providing asynchronous teletherapy services, a teletherapy practitioner shall:

   1. (1) Obtain or confirm an alternative method of contacting the client in case of a technological failure;
   2. (2) Confirm whether the client is in Maryland and identify the client’s specific location; and
   3. (3) Identify all individuals present at each location and confirm they are permitted to hear the client’s health information.
3. C. A teletherapy practitioner shall be held to the same standards of practice and documentation as those applicable for in-person counseling and therapy sessions.

Authority: Health-General Article, §15-141.2; Health Occupations Article, §§1-901—1-903 and 1-1001—1-1006; and Insurance Article; §15-139, Annotated Code of Maryland; Ch. 505, Acts of 2008

Effective date:

Regulations .01—.03 adopted as an emergency provision effective December 14, 1998 (26:1 Md. R. 18); adopted permanently effective May 31, 1999 (26:11 Md. R. 855)

Regulation .03 amended effective October 18, 1999 (26:21 Md. R. 1630)

Regulations .01—.03, Licensure by Waiver, repealed and new Regulations .01—.06, Teletherapy, adopted effective June 17, 2019 (46:12 Md. R. 546)

Regulation .01 amended effective September 18, 2023 (50:18 Md. R. 798)

Regulation .02B amended effective September 18, 2023 (50:18 Md. R. 798)

Regulation .03 amended effective September 18, 2023 (50:18 Md. R. 798)

Regulation .04 amended effective September 18, 2023 (50:18 Md. R. 798)

Regulation .05 amended effective September 18, 2023 (50:18 Md. R. 798)

Regulation .06 amended effective September 18, 2023 (50:18 Md. R. 798)