KRS § 335.158 — KY Code / Title XXVI / Chapter 335 / Section 335.158
335.158 Duty of treating clinical social worker utilizing telehealth with client -- Requirements for each telehealth session -- 988 crisis line exception -- Definitions
Status: in_force

335.158 Duty of treating clinical social worker utilizing telehealth with client --

Requirements for each telehealth session -- 988 crisis line exception --

Definitions.

(1) A social worker who provides or facilitates the use of telehealth shall:

(a) Ensure that the informed consent of the client, or another appropriate person

with authority to make the health care treatment decision for the client, is

obtained before services are provided through telehealth;

(b) Ensure that the confidentiality of the client's medical information is

maintained as required by this chapter and other applicable state and federal

law. At a minimum, confidentiality shall be maintained through appropriate

processes, practices, and technology that conform to applicable state and

federal law, including but not limited to the Health Insurance Portability and

Accountability Act of 1996, Pub. L. No. 104-191, as amended;

(c) Disclose to the client the potential risks to privacy and confidentiality of

information due to the use of technology, including:

1. The potential risks of disruption in the use of technology;

2. When and how the social worker utilizes electronic messages;

3. The circumstances in which the social worker may utilize alternative

modes of communication for emergency purposes, including medical,

psychiatric, and other emergencies;

4. The identity of anyone who may have access to client communications

with the social worker; and

5. The identity of the social worker, his or her credentials, and the

jurisdiction of licensed practice;

(d) Assess the client's current condition and needs to determine the

appropriateness of telehealth in meeting those needs and that the client has the

necessary knowledge and skill to benefit from telehealth;

(e) Adhere to the same or appropriately adapted standards of care as when

treatment or services are provided in person;

(f) Not engage in fee-splitting with other telehealth providers or entities;

(g) Not engage in false, misleading, or deceptive advertising of telehealth

services; and

(h) Beginning on July 1, 2025, complete a board-approved two (2) hour training

course on the use of telehealth to provide social work services.

(2) Each time a social worker provides or facilitates services via telehealth, the social

worker shall:

(a) Make a reasonable attempt to verify the identity of the client;

(b) Make a reasonable attempt to verify and document the physical location of the

client at the time services are provided;

(c) Obtain from the client alternative means of contacting the client;

(d) Provide information on how communication can be directed to the social

worker;

(e) Utilize non-public facing technology products that comply with the Health

Insurance Portability and Accountability Act of 1996 standards in 42 U.S.C.

secs. 1320d to 1320d-9; and

(f) Document in the client's record that a service was provided via telehealth,

including any technological difficulties experienced during the provision of

the service and adherence to all appropriate standards of care.

(3) The provisions of this section shall not apply to a social worker employed or

contracted in Kentucky to answer and respond to national 988 crisis line calls to the

extent that the provisions of this section are in conflict with the requirements and

training provided by the crisis line service provider.

(4) For purposes of this section:

(a) "Client" means:

1. An individual, family, or group who receives social work services from

a social worker;

2. A corporate entity or other organization, if the social worker is

contracted to provide a social work service of benefit directly to the

corporate entity or organization; or

3. A legal guardian who is responsible for making decisions regarding the

provision of social work services to a minor or legally incompetent

adult;

(b) "Social worker" means an individual licensed as a:

1. Certified social worker pursuant to KRS 335.080;

2. Licensed social worker pursuant to KRS 335.090; or

3. Licensed clinical social worker pursuant to KRS 335.100; and

(c) "Telehealth" means the use of interactive audio, video, or other electronic

media to deliver health care. It includes the use of electronic media for

diagnosis, consultation, treatment, transfer of health or medical data, and

continuing education.