Delaware Administrative Code
Title 24 - Regulated Professions and Occupations
Department of State
Division of Professional Regulation
3900 - Board of Social Work Examiners
Section 3900-10.0 - Telehealth

Universal Citation: 24 DE Admin Code 3900-10.0

Current through Register Vol. 28, No. 3, September 1, 2024

10.1 Preamble: "Telehealth" means the practice of social work by distance communication technology, such as, but not necessarily limited to, telephone, email, Internet-based communications, and videoconferencing. The licensee shall use telehealth only where appropriate based on the licensee's professional judgment.

10.2 Delaware license required

10.2.1 The licensee who provides treatment through telehealth shall meet the following requirements:
10.2.1.1 The licensee shall have an active Delaware license in good standing; and

10.2.1.2 During the telehealth treatment session, the client shall be located within the borders of the State of Delaware.

10.2.2 Exemption: The requirement of a Delaware license, as set forth in subsection 10.2.1.1, does not apply to an individual providing social work services pursuant to a Delaware interstate telehealth registration, as provided in Chapter 60 of Title 24 of the Delaware Code.

10.3 The licensee practicing social work through telehealth shall comply with the Board's Practice Act, Chapter 39 of Title 24 of the Delaware Code, rules and regulations and current standard of care requirements applicable to onsite care.

10.4 The licensee shall establish and maintain current competence in the use of telehealth through continuing education, consultation, or other procedures, in conformance with prevailing standards of scientific and professional knowledge. The licensee shall establish and maintain competence in the appropriate use of the information technologies utilized in telehealth.

10.5 The licensee shall use telehealth only where it is appropriate for the client, and decisions regarding the appropriate use of telehealth shall be made on a case-by-case basis.

10.6 The licensee shall be aware of the additional risks incurred when practicing social work through the use of distance communication technologies and take special care to conduct professional practice in a manner that protects the welfare of the client and ensures that the client's welfare is paramount.

10.7 Prior to delivering services by telehealth, the licensee shall conduct a risk-benefit analysis and document that:

10.7.1 The client's presenting problems and apparent condition are consistent with the use of telehealth to the client's benefit; and

10.7.2 The client has sufficient knowledge and skills in the use of the technology involved in rendering the service or can use a personal aid or assistive device to benefit from the service.

10.8 Prior to delivery of services by telehealth, the licensee shall obtain written, informed consent from the client, or other appropriate person with authority to make health care decisions for the client, in language that is likely to be understood and is consistent with accepted professional and legal requirements. Where the licensee cannot obtain written informed consent at the outset of care due to emergency circumstances, the licensee shall obtain verbal informed consent to be followed by written informed consent as soon as reasonably possible. At minimum, the informed consent shall inform the client of:

10.8.1 The limitations and innovative nature of using telehealth in the provision of social work services;

10.8.2 Potential risks to confidentiality of information due to the use of telehealth;

10.8.3 Potential risks of sudden and unpredictable disruption of telehealth services and how an alternative means of re-establishing electronic or other connection will be used under such circumstances;

10.8.4 When and how the licensee will respond to routine electronic messages;

10.8.5 Under what circumstances the licensee and client will use alternative means of communications;

10.8.6 Who else may have access to communications between the client and the licensee;

10.8.7 Specific methods for ensuring that a client's electronic communications are directed only to the licensee; and

10.8.8 How the licensee stores electronic communications exchanged with the client.

10.9 Upon initial and subsequent contacts with the client by telehealth, the licensee shall make reasonable efforts to verify the identity of the client.

10.10 Upon initial contact, the licensee shall: obtain alternative means of contacting the client; provide to the client alternative means of contacting the licensee; and establish a written agreement relative to the client's access to face-to-face emergency services in the client's geographical area, in instances such as, but not necessarily limited to, the client experiencing a suicidal or homicidal crisis.

10.11 The licensee shall document in the file or record which services were provided by telehealth.

10.12 Confidentiality: The licensee shall ensure that the electronic communication is secure to maintain confidentiality of the client's health and/or educational information as required by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable Federal and State laws. Confidentiality shall be maintained through appropriate processes, practices and technology, including disposal of electronic equipment and data.

10.13 In the context of a face-to-face professional relationship, the following are exempt from this Section:

10.13.1 Electronic communication used specific to appointment scheduling, billing, and/or the establishment of benefits and eligibility for services; and,

10.13.2 Telephonic or other electronic communications made for the purpose of ensuring client welfare in accord with reasonable professional judgment.

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.