Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part LXIII - Psychologists
Subpart 1 - General Provisions
Chapter 14 - Telepsychology and Telesupervision
Section LXIII-1407 - Responsibilities of the Louisiana Licensed Psychologist utilizing Telecommunications
Universal Citation: LA Admin Code LXIII-1407
Current through Register Vol. 50, No. 9, September 20, 2024
A. Psychologist and Client Identity and Location
1. At the beginning of a
Telepsychology service with a client, the following essential information shall
be verified by the psychologist.
a.
Psychologist and Client Identity Verification. The name and credentials of the
psychologist and the name of the client shall be verified. The originating site
of the client shall be verified as within Louisiana.
b. Psychologist and Client Location
Documentation. The location where the client will be receiving services shall
be confirmed and documented by the psychologist. Documentation should at least
include the date, location, duration and type of
service.
B. Secure Communications/Electronic Transfer of Client
1. Psychologists use secure Health Insurance
Portability and Accountability Act (HIPAA)/Health Information Technology for
Economic and Clinical Health (HITECH) Act compliant
communications.
C. Non-Secured Communications
1. Obtain consent
for use of non-secured communications.
2. In cases of emergency, non-secured
communications may be used with the consent of the patient and/or at the
discretion of the psychologist based on clinical judgment
D. Informed Consent
1. A thorough informed consent at the start
of all services shall be performed.
2. The consent should be conducted in
real-time.
3. Local, regional and
national laws regarding verbal or written consent shall be followed.
4. The consent should include all information
contained in the consent process for care including confidentiality and the
limits to confidentiality in electronic communication:
a. an agreed upon emergency plan,
particularly in settings without clinical staff immediately
available;
b. the potential for
technical failure, process by which patient information will be documented and
stored;
c. a protocol for contact
between sessions; and conditions under which telepsychology services may be
terminated and/or a referral made.
E. Privacy
1. Efforts shall be made to ensure privacy so
clinical discussion cannot be overheard by others either inside or outside of
the room where the service is provided.
2. Psychologists review with clients their
policy and procedure to ensure privacy of communications via physical,
technical, and administrative safeguards.
F. Emergency Management
1. Psychologists shall have an Emergency
Management plan in case of emergency in a telepsychology session.
2. The psychologist's plan should include but
not be limited to: patient safety, information for patient support person,
uncooperative patients and identifying local emergency personnel.
3. In an emergency situation with a patient,
psychologists will follow the normal clinical emergency protocols.
4. In an emergency situation where a patient
refuses to consent, emergency procedures will be followed using the
pre-identified resources available at the remote site and permitted by prior
consent/agreement of the client.
G. Recordkeeping
1. Psychologists ensure that documentation of
service delivery via telepsychology is appropriately included in the clinical
record (paper or electronic).
2.
Psychologists ensure the secure destruction of any documents maintained in any
media of telepsychology sessions and in accordance with APA guidelines, and all
federal, state, and local laws and regulations.
H. Service Delivery
1. Psychologists are responsible for ensuring
that any services provided via telecommunications are appropriate to be
delivered through such media without affecting the relevant professional
standards under which those services would be provided if delivered in
person.
2. It is recommended that
the initial interview/assessment occur in person. However, if conducted via
telepsychology then the psychologist is responsible for meeting the same
standard of care. This also includes but is not limited to reliability and
validity of psychometric tests and other assessment methods; and consideration
of normative data for such psychometric/ assessment tools; maintaining
conditions of administration.
3.
When providing therapeutic interventions, psychologists ensure that the
modality being used is appropriate for delivery through electronic media and is
appropriate for delivery to individuals, groups, and/or families/couples as
indicated.
4. Psychologists
reassess appropriateness of the use of telepsychology throughout the course of
contact with the client.
AUTHORITY NOTE: Promulgated in accordance with R.S. R.S. 37:2353.C.(1) and R.S. 40:1223.4
Disclaimer: These regulations may not be the most recent version. Louisiana 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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