Current through Register Vol. 56, No. 6, March 18, 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.
