Code of Ethics for Counselors and Marriage and Family Therapists __________________________________
If therapists are storing video or audio recorded data from sessions, these cannot be released unless the client authorization indicates specifically that this is to be released. e. Therapists must maintain policies and procedures for the secure destruction of data and information and the technologies used to create, store, and transmit data and information. f. Therapists must inform clients on how records are maintained electronically. This includes, but is not limited to, the type of encryption and security assigned to the records, and if/for how long archival storage of transaction records is maintained. g. Clients must be informed in writing of the limitations and protections offered by the therapist’s technology. h. The therapist must obtain written permission prior to recording any part of the teletherapy session. The therapist must request that the client(s) obtain written permission from the therapist prior to recording the teletherapy session. 13. Payment and Billing Procedures a. Prior to initiating teletherapy, the client must be informed of any and all financial charges that may arise from the services to be provided. Payment arrangements must be established prior to beginning teletherapy. b. All billing and administrative data related to the cli- ent must be secured to protect confidentiality. Only relevant information may be released for reimburse- ment purposes as outlined by HIPAA. c. Therapist must document who is present and use appropriate billing codes. d. Therapist must ensure online payment methods by clients are secure. 14. Emergency Management a. Each jurisdiction has its own involuntary hospitaliza- tion and duty-to-notify laws outlining criteria and detainment conditions. Professionals must know and abide by the rules and laws in the jurisdiction where the therapist is located and where the client is receiving services. b. At the onset of the delivery of teletherapy services, therapists must make reasonable effort to identify and learn how to access relevant and appropriate emergency resources in the client’s local area, such as emergency response contacts (e.g., emergency telephone numbers, hospital admissions, local refer- ral resources, a support person in the client’s life when available and appropriate consent has been authorized).
c. Therapists must have clearly delineated emergency procedures and access to current resources in each of their client’s respective locations; simply offering 911 may not be sufficient. d. If a client repeatedly experiences crises emergencies the therapist must reassess the client’s appropriate- ness for teletherapy and if in-person treatment may be more appropriate. The therapists must take rea- sonable steps to refer a client to a local mental health resource or begin providing in-person services. e. Therapists must prepare a plan to address any lack of appropriate resources, particularly those necessary in an emergency, and other relevant factors which may impact the efficacy and safety of teletherapy service. Therapists must make reasonable effort to discuss with and provide all clients with clear written instruc- tions as to what to do in an emergency (e.g., where there is a suicide risk). f. Therapists must be knowledgeable of the laws and rules of the jurisdiction in which the client resides and the differences from those in the therapist’s jurisdiction, as well as document all their emergency planning efforts. g. In the event of a technology breakdown, causing disruption of the session, the therapist must have a backup plan in place. The plan must be com- municated to the client prior to commencement of treatment and may also be included in the general emergency management protocol. 15. Synchronous Versus Asynchronous Contact with Client(s) a. Communications may be synchronous with multiple parties communicating in real time including interac- tive videoconferencing, telephone, or asynchronous including email, online bulletin boards, storing and forwarding information. b. Technologies may augment traditional in- person services including psychoeducational materials online after an in-person therapy session, or be used as stand-alone services, such as therapy provided over videoconferencing. Different technologies may be used in various combinations and for different purposes during the provision of teletherapy services. c. The same medium may be used for direct and non- direct services. For example, videoconferencing and telephone, email, and text may also be utilized for direct service while telephone, email, and text may be used for non-direct services or scheduling. d. Regardless of the purpose, therapists must be aware of the potential benefits and limitations in their choices of technologies for particular clients in particular situations.
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