Kentucky Administrative Regulations
Title 201 - GENERAL GOVERNMENT CABINET
Chapter 26 - Board of Psychology
Section 201 KAR 26:310 - Telehealth and telepsychology
Universal Citation: 201 KY Admin Regs Service 26:310
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 319.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 319.140 requires a treating psychologist utilizing telehealth to ensure a patient's 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 3.
(2) "Telehealth" means
delivery of health care-related services, by a provider who is a health care
provider licensed in Kentucky, to a client through a face-to-face encounter
with access to real-time interactive audio and video technology, or audio-only
technology if video is not technologically possible due to limited internet
connectivity or limited bandwidth. Telehealth shall not include the delivery of
services through electronic mail, text chat, facsimile, or standard audio-only
telephone call and shall be delivered over a secure communications connection
that complies with the federal Health Insurance Portability and Accountability
Act of 1996,
42
U.S.C. secs. 1320d to
1320d-9.
(3) "Telepsychology" means the practice of
psychology, as defined by
KRS
319.010(7), between the
credential holder and the client that is provided using:
(a) Electronic communication technology;
or
(b) Two (2) way, interactive,
simultaneous audio and video.
(4) "Telehealth service" means any service
that is provided via telehealth and is one (1) of the following:
(a) Event;
(b) Encounter;
(c) Consultation;
(d) Visit;
(e) Remote patient monitoring;
(f) Referral; or
(g) Treatment.
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) The circumstances in which 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.
(7) Within
forty-eight (48) hours of the telehealth service, the credential holder shall
document within the client's medical record that a service was provided by
telehealth, and follow all documentation requirements of the
practice.
Section 3. Competence, Limits on Practice, Maintenance, and Retention of Records.
(1) A credential holder using telehealth to
deliver psychological services or who practices telepsychology shall:
(a) Limit the practice of telepsychology to
the area of competence in which proficiency has been gained through education,
training, and experience;
(b)
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;
(c) Document the client's presenting problem,
purpose, or diagnosis;
(d) Follow
the record-keeping requirements of
201 KAR 26:145,
Section 6;
(e) 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; and
(f) Document the client's written informed
consent to the services being provided and the provision of those services via
telehealth, including that the patient has the right to refuse telehealth
consultation or services, has been informed of alternatives to telehealth
services, that the client shall be entitled to receive information from the
provider regarding the services rendered, that the client's information shall
be protected by applicable federal and state law regarding patient
confidentiality, that the client shall have the right to know the identity of
all persons present at any site involved in the telehealth services, and to
exclude any such person, and that the client shall have the right to be
advised, and to object to, any recording of the telehealth consultation or
services.
(2) The
requirement of a written informed consent shall not apply to an emergency
situation if the client is unable to provide informed consent and the client's
legally authorized representative is not available.
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 state law regarding the practice of psychology where the
client is located at the time services are rendered; 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; and
(2) Shall comply with
201 KAR
26:145.
STATUTORY AUTHORITY: KRS 319.032(2), 319.140(2)
Disclaimer: These regulations may not be the most recent version. Kentucky 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.
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