(3) client agreement that the therapist determines on an on-going basis whether the condition being assessed or treated is appropriate for technology-assisted services. (4) details on security measures taken with the use of technology-assisted services, as well as potential risks to privacy notwithstanding such measures. (5) information regarding secure protocols and back-up plans in case of technical failure. (6) the licensee’s credentials or training to engage in technology-assisted services, and contact information. (7) risks and benefits of engaging in the use of technology. (8) emergency procedures to follow when the therapist is not available. (9) information collected and any passive tracking mechanisms used.
(10) third-party websites or services used by the licensee to facilitate technology-assisted services; and (11) an explanation of how records are maintained electronically, including encryption type and record security, and the archival storage period for transaction records. (i) Therapists who use technology-assisted services must meet or exceed applicable federal and state legal requirements of health information privacy, including compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191; The Health Information Technology for Economic and Clinical Health (HITECH) Act, 42 U.S.C. Chapter 156, Subchapter III; Texas Health and Safety Code, Chapter 181 (relating to Medical Records Privacy); and state privacy, confidentiality, and security rules. Counselors acknowledge the limitations of maintaining the confidentiality of electronic records and transmissions. H.2.c. Acknowledgment of Limitations Counselors inform clients about the inherent limits of confidentiality when using technology. H.2.d. Security Counselors use current encryption standards within their websites and/or technology-based communications that meet applicable legal requirements. H.3. Client Verification Counselors who engage in the use of distance counseling, technology, and/ or social media to interact with clients take steps to verify the client’s identity at the beginning and Counselors inform clients of the benefits and limitations of using technology applications in the provision of counseling services. H.4.b. Professional Boundaries in Distance Counseling Counselors understand the necessity of maintaining a professional relationship with their clients. Counselors discuss and establish professional boundaries with clients regarding the application of technology and the limitations When providing technology-assisted services, counselors make reasonable efforts to determine that clients are intellectually, emotionally, physically, linguistically, and functionally capable of using the application and that the application is appropriate for the needs of the client. H.4.d. Effectiveness of Services When distance counseling services are deemed ineffective by the counselor or client, counselors consider delivering services face-to-face. If the counselor is not able to provide face-to-face services (e.g., lives in another state), the counselor assists the client in identifying appropriate services. H.4.e. Access Counselors provide information to clients regarding reasonable access to pertinent applications when providing technology-assisted services. throughout the therapeutic process. H.4. Distance Counseling Relationship H.4.a. Benefits and Limitations within the counseling relationship. H.4.c. Technology-Assisted Services
The ACA Code of Ethics: Technology Assisted Counseling Here is a summary of guidance offered by the ACA on the use of technology in counseling (ACA, 2014): Section H Distance Counseling, Technology, and Social Media Introduction Counselors understand that the profession of counseling may no longer be limited to in-person, face-to-face interactions. Counselors understand the additional concerns
related to the use of distance counseling, technology, and social media and make every attempt to protect confidentiality and meet any legal and ethical requirements for the use of such resources. H.1. Knowledge and Legal Considerations H.1.a. Knowledge and Competency Counselors who engage in the use of distance counseling, technology, and/ or social media develop knowledge and skills regarding related technical, ethical, and legal considerations (e.g., special certifications, additional course work). H.1.b. Laws and Statutes Counselors who engage in the use of distance counseling, technology, and social media within their counseling practice understand that they may be subject to laws and regulations of both the counselor’s practicing location and the client’s place of residence. H.2. Informed Consent and Security H.2.a. Informed Consent and Disclosure Clients have the freedom to choose whether to use distance counseling, social media, and/or technology within the counseling process. The following issues, unique to the use of distance counseling, technology, and/ or social media, are addressed in the informed consent process: ● distance counseling credentials, physical location of practice, and contact information; ● risks and benefits of engaging in the use of distance counseling, technology, and/or social media; ● possibility of technology failure and alternate methods of service delivery; ● anticipated response time; ● emergency procedures to follow when the counselor is not available; ● time zone differences; ● cultural and/or language differences that may affect delivery of services; ● possible denial of insurance benefits; and ● social media policy. H.2.b. Confidentiality Maintained by the Counselor
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