Article archive / September 2020
Originally published: . Volume 11, No. 9. Source pages: 7.
In the August Louisiana Register, the Licensed Professional Counselors Board of Examiners published Internet Counseling and Teletherapy Guidelines, writing, "The LPCBE finds an imminent danger to the public’s health, safety, and welfare; thereby, requiring the immediate adoption of this Rule to respond to the Covid-19 health emergency."
The new regulations cover several sections including establishing that teletherapy is a specialty area and involves the boards approval, professional training of nine hours is required, and licensees with the privilege to practice teletherapy must earn three hours of continuing education in the area yearly. Rules are also outlined for documentation at each session that is held remotely and also definitions for requirements for those providing supervision through remote methods. Excerpts:
"… Internet Counseling—mental health services delivered over the internet are rendered where the patient/client is situated.
"D. Licensees shall provide services consistent with the jurisdictional licensing laws and rules in both the jurisdiction in which licensee is physically located and where the client is physically located. Licensees providing teletherapy services to clients outside of Louisiana must comply with the regulations in the state in which the client is located
at the time of service. The licensee shall contact the licensing board in the state where the client is located and document all relevant regulations regarding teletherapy. A nonresident of Louisiana who wishes to provide teletherapy health services in Louisiana must be licensed by the board.
"E. Teletherapy is a specialty area and requires board approval. Licensees who may provide teletherapy must meet the following requirements. 1. The licensee must be licensed in Louisiana. 2. The licensee must be licensed in the state where the client is located if licensing is required. 3. The licensee must have been practicing for at least one year. 4. The licensee must complete either option below.
a. Graduate-Level Academic Training. At least one graduate- level academic course in telemental health counseling. The course must have included at least 45 clock hours (equivalent to a three-credit hour semester course).
b. Professional Training with a minimum of nine synchronous clock hours in teletherapy. The presenter shall meet continuing education standards established by the board. Teletherapy education/training shall include but is not limited to: i. appropriateness of teletherapy; ii. teletherapy theory and practice; iii. theory integration; iv. modes of delivery; v. risk management; vi.
managing emergencies; vii. legal/ethical issues.
5. Licensees privileged in teletherapy must accrue three clock hours of continuing education during each renewal period.
"F. At the onset of teletherapy, the licensee shall obtain verbal and/or written informed consent from the client and shall document such consent in the client’s record. "1. Electronic signature(s) and date may be used in the documentation of informed consent. 2. Provisions of informed consent for teletherapy services shall include: a. mode and parameter of technology-assisted media(s), and technical failure; b. scheduling and structure of teletherapy; c. risks of teletherapy; d. privacy and limits of confidentiality; e. contact between sessions; f. emergency plan; g. consultation and coordination of care with other professionals; h. referrals and termination of services; i. information and record keeping; j. billing and third-party payors; k. ethical and legal rights, responsibilities, and limitations within and across state lines and/or international boundaries.
"H. At the onset of each session the licensee shall verify and document the following: 1. The identity and location of the licensee and the client. If the
client is a minor, the licensee must also verify the identity of the parent or guardian consenting to the minor’s treatment. In cases were conservatorship, guardianship, or parental rights of the minor client have been modified by the court, the licensee shall obtain and review a copy of the custody agreement or court order before the onset of treatment. 2. The location and contact information of the emergency room and first responders nearest to the client’s location.
"I. The licensee shall determine if the client may be properly diagnosed and/or treated via teletherapy; and shall affirm that technology-assisted media are appropriate for clients with sensory deficits. The licensee shall affirm the client’s knowledge and use of selected technology-assisted media(s) (i.e., software and devices). Clients who cannot be diagnosed or treated properly via teletherapy services shall be dismissed and treated in- person, and/or properly terminated with appropriate referrals. The licensee shall use technology assisted media(s) that is in compliance with HIPPA and HiTECH standards. The licensee shall not use social media platforms or functions (tweets, blogs, networking sites, etc.) in the delivery of teletherapy, and shall not reference clients generally or specifically on such formats.
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