Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
335.505,
335.515(1), (3),
(11),
211.332,
211.334,
211.336,
211.338
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
335.515(3) requires the
board to promulgate administrative regulations necessary to carry out and
enforce the provisions of
KRS
335.500 to
335.599.
KRS
211.336 establishes requirements for state
agencies that promulgate administrative regulations related to telehealth. This
administrative regulation establishes procedures for preventing abuse and fraud
through the use of distance counseling, prevents fee-splitting through the use
of distance counseling, and utilizes distance counseling in the provision of
professional counseling services and in the provision of continuing
education.
Section 1. Client
Requirements. A counselor-client relationship may commence via distance
counseling. An in-person meeting shall not be required unless the provider
determines it is medically necessary to perform those services in person as
established in KRS
211.336(2)(a). A licensee
using distance counseling to deliver counseling services or who practices
distance counseling 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, such as
by the use of a telephone number or mailing address;
(3) Provide to the client alternative means
of contacting the licensee other than electronically, such as by the use of a
telephone number or mailing address;
(4) Provide contact methods of alternative
communication the licensee shall use for emergency purposes, such as an
emergency on call telephone number;
(5) Document if the client has the necessary
knowledge and skills to benefit from the type of distance counseling provided
by the licensee;
(6) Document which
services were provided by distance counseling;
(7) 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;
(8) In accordance with
KRS
211.334 and
900 KAR 12:005 Section 2(1)(c),
obtain the informed consent of the client; and
(9) Inform the client in writing about:
(a) The limitations of using technology in
the provision of distance counseling;
(b) Potential risks to confidentiality of
information due to technology in the provision of distance counseling as
required by
900 KAR
12:005(2)(a);
(c) Potential risks of disruption in the use
of distance counseling;
(d) When
and how the licensee will respond to routine electronic messages;
(e) The circumstances in which the licensee
will use alternative communications for emergency purposes;
(f) Who else may have access to client
communications with the licensee;
(g) How communications can be directed to a
specific licensee;
(h) How the
licensee stores electronic communications from the client;
(i) Whether the licensee or client may elect
to discontinue the provision of services through distance counseling;
and
(j) The reporting of clients
required by
201 KAR 36:040, Sections 2 and
3.
Section 2.
Competence, Limits on Practice, Maintenance, and Retention of Records. A
licensee using distance counseling to deliver counseling services or who
practices distance counseling shall:
(1)
Limit the practice of distance counseling to the area of competence in which
proficiency has been gained through education, training, and
experience;
(2) Maintain current
competency in the practice of distance counseling through continuing education,
consultation, or other procedures, in conformance with current standards of
scientific and professional knowledge;
(3) Document the client's presenting problem,
purpose, or diagnosis;
(4) Maintain
records in accordance with the requirements of
201 KAR 36:040;
(5) Use methods for protecting health
information, which shall include authentication and encryption technology as
required by KRS
211.332(5)(c); and
(6) Ensure that confidential communications
obtained and stored electronically cannot be recovered and accessed by
unauthorized persons when the licensee disposes of electronic equipment and
data.
Section 3.
Compliance with Federal, State, and Local Law. A licensee using distance
counseling to deliver counseling services or who practices distance counseling
shall:
(1) Comply with the state law where the
licensee initiates the distance counseling;
(2) Be licensed to practice counseling where
the client is domiciled;
(3) Comply
with Section 508 of the Rehabilitation Act,
29 U.S.C.
794(d), to make technology
accessible to a client with disabilities; and
(4) Maintain patient privacy and security in
accordance with
900 KAR 12:005 Section
2(1)(b).
Section 4.
Representation of Services and Code of Conduct. A licensee using distance
counseling to deliver counseling services or who practices distance counseling
shall:
(1) Conform to the statutes and
administrative regulations governing the provision of counseling services in
Kentucky;
(2) Not engage in false,
misleading, or deceptive advertising of distance counseling in violation of
KRS
335.540(1)(c);
(3) Comply with the code of ethics,
201 KAR 36:040; and
(4) Not split fees.
Section 5. Utilization of Distance Counseling
in the Provision of Continuing Education. Providers approved pursuant to
201 KAR 36:030 may utilize
distance counseling in the provision of continuing education courses.
STATUTORY AUTHORITY:
KRS
335.515(3),
(11)
