19 Mar 2022
Counseling
Do you want to try virtual reality therapy?
If that’s the case, it’s critical to stay current on legal and ethical advancements so you may serve your clients securely, lawfully, and effectively.
To begin, be aware that state regulations on how psychologists should utilize these and other types of electronic communication, such as email, Skype, and various forms of videoconferencing, are inconsistent.
While technology advances at a breakneck speed, psychology licensing laws have yet to catch up. Many of the same challenges plague the health-care and mental-health-care professions.
Experts in the discipline are, however, beginning to develop standards to assist psychologists in staying within their legal and ethical bounds.
Interstate practice
Telepsychology across state lines is one of the most unsettled difficulties. State licensure rules normally do not allow out-of-state psychologists to provide telepsychology services to consumers, although email, videoconferencing, and avatar therapy allow psychologists to contact patients anywhere. In most jurisdictions, this means you’ll need to be licensed in both your own state and the state where your clients live to practice these techniques.
However, there are certain exceptions. Many states, for example, have guest licensure rules that allow psychologists who are licensed in another state to provide services for a limited time usually 10 to 30 days in a calendar year under certain conditions. In addition, the Association of State and Provincial Psychology Boards has developed an Interjurisdictional Practice Certificate that allows psychologists to practice temporarily in other jurisdictions. It’s easier to provide distance treatment within your own state, and it can help you reach people who wouldn’t otherwise have access to services for example, rural residents or those with specific disabilities as well as clients who prefer to receive services at home. In this instance, you can confidently give services as long as you follow all necessary licensing requirements and professional standards of care, which includes knowing how to use the technology.
Make certain you:
Check the website of your state legislature for the most up-to-date state telehealth legislation and regulations on a regular basis. If your state does not have a telehealth statute, check to see if there is a board policy statement that addresses tele practice.
Check to see whether your state licensing board has issued any telepsychology policies. Several states, including Florida, Massachusetts, North Carolina, Texas, Virginia, and Wisconsin, had implemented such policies as of last summer.
Check with your malpractice insurance provider to see if telehealth services are covered under your policy, both in-state and across jurisdictional lines. They will most likely be covered for in-state practice but not necessarily for interjurisdictional practice.
California, Vermont, and Kentucky are three states that have previously approved legislation defining psychologists’ legal obligations in internet counseling. In Kentucky, for example, a psychologist who uses telehealth must seek informed consent from the patient at the outset, which involves verifying whether the patient has the required knowledge and abilities to benefit from telehealth. Similarly, before delivering telehealth services in California, clinicians must get both written and verbal informed permission, which includes a discussion of the potential risks, repercussions, and advantages of telemedicine. The state does not appear to extend this need to discussions between physicians in which the patient is not directly involved.