Scales

  
Select A Topic . . .
Access to Records - "Noncustodial Parent"

Advertising

Advertising - "Expertise"

Advertising - Sliding Fee Scale

Attending the Patient's Wedding (or Other Significant Event)

Authorization Forms

Avoid These Common Errors

Bequest from Patient

Business License

Child Abuse

Child Abuse - Emancipation of Minor

Child Abuse Report Required or Permitted?

Child Abuse Reporting

Child Abuse Reporting - Duty to Investigate?

Child Abuse Reporting - Neglect

Confidentiality - "No Secrets" Policy (Couple Being Treated)

Confidentiality - AIDS/HIV

Confidentiality - Child Abuse Investigations

Confidentiality - Conflicting Requests

Confidentiality - Couple Being Treated

Confidentiality - Dangerous Patient?

Confidentiality - Death of the Patient

Confidentiality - Exception

Confidentiality - Fact of the Relationship

Confidentiality - Group Therapy

Confidentiality - Pregnancy of a Minor

Confidentiality - The Search Warrant

Confidentiality - The Unexpected Caller

Confidentiality and Authorization Forms

Confidentiality and HIPAA

Confidentiality and the Dangerous Patient

Conflicts

Consent to Treat Minor (Sole and Joint Legal Custody)

Consent vs. Authorization

Custody and Visitation Disputes - The Big Mistake

Dangerous Patient - Immunity From Liability

Dangerous Patients and the “Tarasoff Duty"

Dangerous Patients and the Therapist's Duty

Disciplinary Actions

Dual or Multiple Relationships - An Overview

Elder Abuse

Elder Abuse/Dependent Adult Abuse Reporting

Ethical Standards - Conflict with the Law

Ethics

Family Law - "Joint Custody"

Fees

Fees - Barter

Fees - Raising Fees

Fees - Sue the Patient?

Fees - The Sliding Fee Scale

Gifts - To and From Patients

HIPAA

HIPAA - Enforcement

HIPAA - Patient Access to "Psychotherapy Notes"

HIPAA - Psychotherapy Notes/Records

HIPAA - Right to Amend Records

HIPAA - Subpoena for Records and Notes

Hypnosis/Hypnotherapy

Immunity From Liability

Informed Consent

Informed Consent - Videotaping/Risks

Informed Consent: Hugs and Other Touching

Laws, Regulations, and the Attorney Generals' Opinions

Liability for the Acts of Others

Licensing and Certification

Mandatory Continuing Education - Does it work?

Negligence vs. Gross Negligence

Online Therapy

Online Therapy - Disclosure

Online Therapy - HIPAA

Online Therapy - Insurance Coverage

Parental Access to Records of Minor

Partnerships - Be Careful

Privilege - A Common Waiver

Privilege - Group Therapy

Privilege - Waiver

Privilege and Confidentiality

Privileged Communications

Professional Corporations

Records - Destruction at the Request of the Patient?

Records - Removal of Information From File

Records - Stolen, Lost or Destroyed

Referrals

Scope of Competence

Scope of License

Self Disclosure

Something Lighter - Cancel the Appointment

Something Lighter - Law and Sausage!

Something Lighter - Reimbursement

Something Lighter - Self Defense

Something Lighter: A Definition of "Psychotherapy"

Telemedicine - Hours of Experience Toward Licensure?

Telemedicine: Telephone Counseling/Therapy?

Termination - Who is the Patient

Termination and Referral - When Does the Duty to the Patient End?

Termination of Employment: Who "Owns" the Patient?

Termination of Treatment

Testifying in Court

Think About This - Child Abuse?

Treating Children

Treating Multiple Members of a Family - Conflicts

Treatment Records

Treatment Records - Ownership

Using Patient Information in Public Presentations

Verbal Abuse - Free Speech

 

Bulletin Archives

 

Bulletin Archive

 
by Richard S. Leslie, J.D. Click here for profile.
Attorney at Law - "At the Intersection of Law and Psychotherapy"


Telemedicine - Hours of Experience Toward Licensure?

(February 2008
, Volume 1)

… How does the licensing board in your state handle the acceptability of hours of experience toward licensure as a counselor or therapist when the pre-licensed person gains hours of experience doing therapy or counseling over the Internet? Are such hours of experience prohibited? Are they permitted? If permitted, is there any limit to the number of hours that may be claimed toward licensure? Is the law silent on this issue? These are questions worthy of considering, especially for supervisors, pre-licensed persons, and licensing boards.

Some sate laws may not directly address the issue of the acceptability of “Internet hours” or may be vague and it therefore may be arguable. It will depend upon the wording of the law addressing required hours of experience. Other licensing laws may prohibit such hours either directly or indirectly, while some may allow such hours (I have not researched this). Viewpoints about these kinds of hours will vary. How would a licensing board view an application for licensure that claimed that all of the required hours of experience were gained by doing online therapy? Would the board try to deny the application? Would the board have sufficient grounds to deny the application? Should the application be denied in order to protect the public? While some licensing boards may have addressed these questions, I suspect that others have not – but they certainly should.

In California, effective January 1, 2008, applicants for the marriage and family therapist license will be allowed to claim hours of experience where the psychotherapy was performed over the Internet (the practice of “telemedicine”). The bill was sponsored by the California Association of Marriage and Family Therapists and was supported by the Board of Behavioral Sciences (the licensing board). The number of hours that may be accepted is limited to 125 hours, and all telemedicine services performed must comply with another statute that mandates, among other things, verbal and written informed consent. The Association wanted to establish in statute that such hours were acceptable (the law had essentially been silent on the issue), but also wanted to limit the number of hours that could be counted toward licensure – thus preventing someone from getting all or many of their hours of experience via the Internet – perhaps never being face-to-face with a patient. Other kinds of hours, such as telephone counseling and psychological testing hours, have for a long time been similarly limited.