regarding the non-comparability between psychological health care services delivered in person and those delivered via telehealth. 3. The licensee determines that delivery of psychological health care services via telehealth is appropriate after considering at least the following factors: a. The client’s diagnosis, symptoms, and medical/psychological history; b. The client’s preference for receiving psychological health care services via telehealth; c. The nature of the psychological health care services to be provided, including anticipated benefits, risks, and constraints resulting from their delivery via telehealth; d. The benefits, risks, or constraints posed by the client’s physical location. These include the availability of appropriate physical space for the receipt of psychological health care services via telehealth, accessibility of local emergency psychological health care services, and other considerations related to the client’s diagnosis, symptoms, or condition. e. The provision of telehealth services is within the scope of competency of a psychology trainee, or other supervised individuals as specified in (b) above, Regulations 197 CALIFORNIA CODE OF REGULATIONS who provides psychological health care services under the supervision of the licensee. 4. The licensee is competent to deliver such services based upon whether the licensee possesses the appropriate knowledge, skills, and abilities relating to delivery of psychological health care services via telehealth, the information technology chosen for the delivery of telehealth services, and how such services might differ from those delivered in person. 5. The licensee takes reasonable steps to ensure that electronic data is transmitted securely, and informs the client immediately of any known data breach or unauthorized dissemination of data. 6. The licensee complies with all other provisions of the Psychology Licensing Law and its attendant regulations, and all other applicable provisions of law and standards of care in this State and the other jurisdiction, if any, where either the licensee or the client is located. The following clarifying information is listed under the California Board of Psychology Telehealth FAQ page. Additional information can be found at: https://www. psychology.ca.gov/laws_regs/telehealth_faq.shtml 1. Can a California licensee provide long-term telehealth services to a client located in California? Yes. It is not the Board’s intention to limit a California licensee’s ability to provide services to a client in California (16 CCR 1396.8(a)(1)). Assuming the case is
appropriate for telehealth, the licensee is permitted to provide such services to any client located in California. 2. Can a California licensee provide telehealth services to a client while either or both the client or psychologist are outside of the state? It depends. The Board regulates practice by its licensees in California when the client seeking services is in California or initiates services within California. But the answer to this question will likely be dependent on whether it is permitted under the laws and regulations of the jurisdiction(s) other than California where the client or psychologist is located. (16 CCR 1396.8(a)(2)) 3. How should the psychologist proceed in an emergency if interjurisdictional practice is not allowed according to the rules of California or the other jurisdiction? It is not the Board’s intention to limit a California licensee’s ability to provide telehealth services to a client in another jurisdiction. The regulations allow for temporary telehealth practice to clients outside of California, however the laws and regulations of the jurisdiction where the client is located may determine whether it is permissible (16 CCR 1396.8(a)(2)). The Board cannot dictate rules for another jurisdiction and providing services via telehealth does not release a licensee from any legal or ethical responsibilities for practicing in or treating someone in that jurisdiction. (See also Ethical Principles of Psychologists and Code of Conduct (2010), American Psychological Association, standard 2.02). 4. Does PSYPACT allow me to engage in interstate practice? California is not a part of the Association of State and Provincial Psychology Board’s Interjurisdictional Compact (PSYPACT) so PSYPACT has no impact on a California licensee’s ability to provide telehealth services. 5. Do the regulations allow telehealth services when the psychologist and/or the patient has moved permanently out of state? It depends. Consideration should be given to the licensing laws and regulations of the jurisdictions in which the psychologist and client are located as the licensee may be considered to be practicing in the jurisdiction in which they are located and/or the jurisdiction in which the client is located. A California license does not counter the obligation to practice in accordance with the laws and regulations of the jurisdiction to which the psychologist and/or the client has permanently relocated. The Board will investigate any complaint made against a California licensee regardless of where the services were delivered or received (16 CCR 1397.2(b-c)).
LEGISLATIVE UPDATE SB 401—Psychology: Unprofessional Conduct: Disciplinary Action: Sexual Acts Passed on August 23, 2022 and signed by the governor on September 13, 2022.
conduct and provides clear definitions for what constitutes sexual behavior, sexual contact, and sexual misconduct. It also provides that any finding of fact that a licensee engaged in acts of sexual abuse, behavior, or misconduct will contain an order of revocation that shall not by stayed by an administrative law judge.
Full text: https://leginfo.legislature.ca.gov/faces/ billNavClient.xhtml?bill_id=202120220SB401 The Board of Psychology sponsored a bill that adds sexual behavior to the list of what is considered unprofessional
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