Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 36 - Board of Certification for Professional Counselors › Section 201 KAR 36:045 - Distance counseling

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				335.505,
				335.515(1), (3),
				(11),
				211.332,
				211.334,
				211.336,
				211.338
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				335.515(3) requires the
				board to promulgate administrative regulations necessary to carry out and
				enforce the provisions of
				KRS
				335.500 to
				335.599.
				KRS
				211.336 establishes requirements for state
				agencies that promulgate administrative regulations related to telehealth. This
				administrative regulation establishes procedures for preventing abuse and fraud
				through the use of distance counseling, prevents fee-splitting through the use
				of distance counseling, and utilizes distance counseling in the provision of
				professional counseling services and in the provision of continuing
				education.
Section 1. Client
			 Requirements. A counselor-client relationship may commence via distance
			 counseling. An in-person meeting shall not be required unless the provider
			 determines it is medically necessary to perform those services in person as
			 established in KRS
			 211.336(2)(a). A licensee
			 using distance counseling to deliver counseling services or who practices
			 distance counseling shall, upon initial contact with the client:
(1) Make reasonable attempts to verify the
			 identity of the client;
(2) Obtain
			 alternative means of contacting the client other than electronically, such as
			 by the use of a telephone number or mailing address;
(3) Provide to the client alternative means
			 of contacting the licensee other than electronically, such as by the use of a
			 telephone number or mailing address;
(4) Provide contact methods of alternative
			 communication the licensee shall use for emergency purposes, such as an
			 emergency on call telephone number;
(5) Document if the client has the necessary
			 knowledge and skills to benefit from the type of distance counseling provided
			 by the licensee;
(6) Document which
			 services were provided by distance counseling;
(7) Use secure communications with clients,
			 including encrypted text messages via e-mail or secure Web sites, and not use
			 personal identifying information in non-secure communications;
(8) In accordance with
			 KRS
			 211.334 and
			 900 KAR 12:005 Section 2(1)(c),
			 obtain the informed consent of the client; and
(9) Inform the client in writing about:
(a) The limitations of using technology in
			 the provision of distance counseling;
(b) Potential risks to confidentiality of
			 information due to technology in the provision of distance counseling as
			 required by
			 900 KAR
			 12:005(2)(a);
(c) Potential risks of disruption in the use
			 of distance counseling;
(d) When
			 and how the licensee will respond to routine electronic messages;
(e) The circumstances in which the licensee
			 will use alternative communications for emergency purposes;
(f) Who else may have access to client
			 communications with the licensee;
(g) How communications can be directed to a
			 specific licensee;
(h) How the
			 licensee stores electronic communications from the client;
(i) Whether the licensee or client may elect
			 to discontinue the provision of services through distance counseling;
			 and
(j) The reporting of clients
			 required by
			 201 KAR 36:040, Sections 2 and
			 3.