††††† 201 KAR 26:310. Telehealth and telepsychology.

 

††††† RELATES TO: KRS 319.140, 29 U.S.C. 794(d)

††††† STATUTORY AUTHORITY: KRS 319.032(2); KRS 319.140(2)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 319.140 requires a treating psychologist utilizing telehealth to ensure a patientís informed consent and to maintain confidentiality. This administrative regulation protects the health and safety of the citizens of Kentucky and establishes procedures for preventing abuse and fraud through the use of telehealth, prevents fee-splitting through the use of telehealth, and utilizes telehealth in the provision of psychological services and in the provision of continuing education.

 

††††† Section 1. Definitions. (1) "Client" is defined by 201 KAR 26:145, Section 2;

††††† (2) "Telehealth" is defined by KRS 319.140(3);

††††† (3) "Telepsychology" means "practice of psychology" as defined by KRS 319.010(7) between the psychologist and the patient:

††††† (a) Provided using an electronic communication technology; or

††††† (b) Two (2) way, interactive, simultaneous audio and video.

 

††††† Section 2. Client Requirements. A credential holder using telehealth to deliver psychological services or who practices telepsychology shall, upon initial contact with the client:

††††† (1) Make reasonable attempts to verify the identity of the client;

††††† (2) Obtain alternative means of contacting the client other than electronically;

††††† (3) Provide to the client alternative means of contacting the credential holder other than electronically;

††††† (4) Document if the client has the necessary knowledge and skills to benefit from the type of telepsychology provided by the credential holder;

††††† (5) Use secure communications with clients, including encrypted text messages via e-mail or secure Web sites, and not use personal identifying information in non-secure communications;

††††† (6) Inform the client in writing about:

††††† (a) The limitations of using technology in the provision of telepsychology;

††††† (b) Potential risks to confidentiality of information due to technology in the provision of telepsychology;

††††† (c) Potential risks of disruption in the use of telepsychology;

††††† (d) When and how the credential holder will respond to routine electronic messages;

††††† (e) In what circumstances the credential holder will use alternative communications for emergency purposes;

††††† (f) Who else may have access to client communications with the credential holder;

††††† (g) How communications can be directed to a specific credential holder;

††††† (h) How the credential holder stores electronic communications from the client; and

††††† (i) The reporting of clients required by 201 KAR 26:145, Section 7.

 

††††† Section 3. Competence, Limits on Practice, Maintenance, and Retention of Records. A credential holder using telehealth to deliver psychological services or who practices telepsychology shall:

††††† (1) Limit the practice of telepsychology to the area of competence in which proficiency has been gained through education, training, and experience;

††††† (2) Maintain current competency in the practice of telepsychology through continuing education, consultation, or other procedures, in conformance with current standards of scientific and professional knowledge;

††††† (3) Document the clientís presenting problem, purpose, or diagnosis;

††††† (4) Follow the record-keeping requirements of 201 KAR 26:145, Section 6; and

††††† (5) Ensure that confidential communications obtained and stored electronically cannot be recovered and accessed by unauthorized persons when the credential holder disposes of electronic equipment and data.

 

††††† Section 4. Compliance with Federal, State, and Local Law. A credential holder using telehealth to deliver psychological services or who practices telepsychology shall comply with:

††††† (1) State law where the credential holder is credentialed and be licensed to practice psychology where the client is domiciled; and

††††† (2) Section 508 of the Rehabilitation Act, 29 U.S.C. 794(d), to make technology accessible to a client with disabilities;

 

††††† Section 5. Representation of Services and Code of Conduct. A credential holder using telehealth to deliver psychological services or who practices telepsychology:

††††† (1) Shall not by or on behalf of the credential holder engage in false, misleading, or deceptive advertising of telepsychology;

††††† (2) Shall comply with 201 KAR 26:145. (37 Ky.R. 1597; Am. 1987; eff. 3-4-2011.)