Current through Register Vol. 56, No. 18, September 16, 2024
(a) Prior to providing services through
telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:
1. Identifying the client with, at a minimum, the client's name, date of
birth, phone number, and address. A licensee may also use a client's assigned identification number, Social
Security number, photo, health insurance policy number, or other identifier associated directly with the
client; and
2. Disclosing and validating the licensee's identity,
license, title, and, if applicable, specialty and Committee certifications.
(b) Prior to initiating contact with a client for the purpose of providing
services to the client using telemedicine or telehealth, a licensed clinical alcohol and drug counselor
shall:
1. Review the client's medical history and any available medical
records that are relevant to substance use and addictive disorders and mental health history;
2. Determine, as to each unique client encounter, whether he or she will be
able to provide the same standard of care using telemedicine or telehealth as would be provided if the
services were provided in-person; and
3. Provide the client the
opportunity to sign a consent form that authorizes the licensed clinical alcohol and drug counselor or the
agency employing the licensee to release client records of the encounter to the client's primary care
licensed clinical alcohol and drug counselor or other healthcare provider identified by the client.
(c) Prior to initiating contact with a client for the purpose of
providing services to the client using telemedicine or telehealth, a certified alcohol and drug counselor
shall:
1. Have his or her supervising licensed clinical alcohol and drug
counselor comply with (b)1, 2, and 3 above; and
2. After the
supervising licensed clinical alcohol and drug counselor conducts the review and makes the determination
required at (b) above, satisfy the requirements of (b)1 and 2.
(d) Notwithstanding (a), (b), and (c) above, alcohol and drug counseling
may be provided through telemedicine or telehealth without a proper licensee-client relationship if the
provision of alcohol and drug counseling is:
1. For informal consultations
with another healthcare provider performed by a licensee outside the context of a contractual relationship,
or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect
compensation;
2. During episodic consultations by a healthcare
specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in
this State;
3. Related to health care assistance provided in
response to an emergency or disaster, provided that there is no charge for the mental health assistance;
or
4. Provided by a substitute licensee acting on behalf, and at
the designation, of an absent licensee in the same specialty on an on-call or cross-coverage basis.
