Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 5 - License and Practice of Counseling › Section LX-505 - Teletherapy Guidelines for Licensees (Formerly Diagnosing for Serious Mental Illnesses)

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				  Chapter defines and establishes minimum standards for the delivery of mental
				  health counseling, psychotherapy, and marriage and family therapy services
				  using technology-assisted media. Teletherapy references the provision of
				  counseling and psychotherapy services from a distance which is consistent with
				  the same standards of practice as in-person counseling settings.
B. Teletherapy is defined as a method of
				  delivering mental health counseling, psychotherapy, and marriage and family
				  therapy services as prescribed by
				  R.S.
				  37:1101 and
				  R.S.
				  37:1116 using interactive technology-assisted
				  media to facilitate prevention, assessment, diagnosis, and treatment of mental,
				  emotional, behavioral, relational, and addiction disorders to individuals,
				  groups, organizations, or the general public that enables a licensee and a
				  client(s) separated by distance to interact via synchronous video and audio
				  transmission.
C. The board
				  recognizes that safe and effective practices in teletherapy require specific
				  training, skills, and techniques and has set forth the following regulatory
				  standards to ensure competence and safety. This Rule shall not be construed to
				  alter the scope of practice of any licensee or authorize the delivery of
				  services in a setting, or in a manner, not otherwise authorized by law. Nothing
				  in this Section shall preclude a client from receiving in-person counseling,
				  psychotherapy, and marriage and family therapy services after agreeing to
				  receive services via telemental health. Teletherapy shall be delivered in
				  real-time (synchronous) using technology-assisted media such as telephonic and
				  videoconferencing through computers and mobile devices. The use of asynchronous
				  modalities (e-mail, chatting, texting, and fax) is not appropriate and shall
				  not be used for teletherapy, except in a crisis to ensure the client's safety
				  and stability.
D. Licensees shall
				  provide services consistent with the jurisdictional licensing laws and rules in
				  both the jurisdiction in which licensee is physically located and where the
				  client is physically located. Licensees providing teletherapy services to
				  clients outside of Louisiana must comply with the regulations in the state in
				  which the client is located at the time of service. The licensee shall contact
				  the licensing board in the state where the client is located and document all
				  relevant regulations regarding teletherapy. A nonresident of Louisiana who
				  wishes to provide teletherapy health services in Louisiana must be licensed by
				  the board.
E. Teletherapy is a
				  specialty area and requires board approval. Licensees who may provide
				  teletherapy must meet the following requirements.
1. The licensee must be licensed in
				  Louisiana.
2. The licensee must be
				  licensed in the state where the client is located if licensing is
				  required.
3. Repealed.
4. The licensee must complete:
a. professional training with a minimum of
				  three asynchronous or synchronous clock hours in teletherapy. The training
				  shall meet continuing education standards established by the board. Teletherapy
				  education/training shall include but is not limited to:
i. appropriateness of teletherapy;
ii. teletherapy theory and
				  practice;
iii. theory
				  integration;
iv. modes of
				  delivery;
v. risk
				  management;
vi. managing
				  emergencies;
vii. legal/ethical
				  issues.
viii. HIPAA
				  compliance
5.
				  Licensees privileged in teletherapy must accrue three clock hours of continuing
				  education during each renewal period.