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seeing_patients_not_in_massachusetts
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seeing_patients_not_in_massachusetts [2020/03/23 23:36] brennan |
seeing_patients_not_in_massachusetts [2020/07/12 04:09] (current) vlayne |
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| **The location of the patient at the time of service matters!** Legally, not only do you have to be licensed/legal in your state of practice (though MA professionals don't need to be physically in MA at time of service), **you must also be legal to practice in the place the patient is, at the moment of the session**. | **The location of the patient at the time of service matters!** Legally, not only do you have to be licensed/legal in your state of practice (though MA professionals don't need to be physically in MA at time of service), **you must also be legal to practice in the place the patient is, at the moment of the session**. | ||
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| + | * **Colorado** - (Mar 26) - **You may practice for 20 days per calendar year**: "The provisions of this article 245 shall not apply to:... (e) A person who resides in another state and who is currently licensed or certified as a psychologist, marriage and family therapist, clinical social worker, professional counselor, or addiction counselor in that state to the extent that the licensed or certified person performs activities or services in this state, if the activities and services are:(I) Performed within the scope of the person's license or certification;(II) Do not exceed twenty days per year in this state;(III) Are not otherwise in violation of this article 245; and (IV) Disclosed to the public that the person is not licensed or certified in this state..." [[https://casetext.com/statute/colorado-revised-statutes/title-12-professions-and-occupations/health-care-professions-and-occupations/article-245-mental-health/part-2-general-provisions/section-12-245-217-scope-of-article-exemptions?|Statute here]] | ||
| * **Connecticut** - (Mar 20) - **Regulations in flux, likely telehealth that meets CT state standards is allowed across state lines**: Text of email from the CT Department of Public Health: As you can imagine, due to the current situation, there are many issues that need to be addressed including licensing requirements for all of the professions licensed by the Department. You should do what is prudent based on the current circumstances. Governor Lamont’s declaration of a public health emergency allows for waivers of laws and regulations, but those waivers all must go through a process since we are essentially changing or suspending law. The state is currently in that process, but it hasn't happened yet.Please select the following link for the Connecticut General Statutes as they relate to teletherapy in Connecticut: https://www.cga.ct.gov/current/PUB/chap_368ll.htm#sec_19a-906 | * **Connecticut** - (Mar 20) - **Regulations in flux, likely telehealth that meets CT state standards is allowed across state lines**: Text of email from the CT Department of Public Health: As you can imagine, due to the current situation, there are many issues that need to be addressed including licensing requirements for all of the professions licensed by the Department. You should do what is prudent based on the current circumstances. Governor Lamont’s declaration of a public health emergency allows for waivers of laws and regulations, but those waivers all must go through a process since we are essentially changing or suspending law. The state is currently in that process, but it hasn't happened yet.Please select the following link for the Connecticut General Statutes as they relate to teletherapy in Connecticut: https://www.cga.ct.gov/current/PUB/chap_368ll.htm#sec_19a-906 | ||
| * **Florida** - (Mar 17) - **Temporary authorization, 20 calendar days**: (Per phone call to the FL Board of SW, MFT, & MHC, Mar 17, Vanessa Layne): Out-of-state licensed LMHCs, LMFTs, and SWs may practice remotely in FL, without registration with the state of FL, for a maximum of 20 calendar days a year. **Permanent authorization, unlimited**: Out-of-state licensed health practitioners, of all licenses, [[http://www.flhealthsource.gov/telehealth/|may practice remotely in FL, if they register with the state of FL]]; requires retaining a Registered Agent in FL, and getting your (Massachusetts) board to complete the official Verification of License letter. [[http://www.flhealthsource.gov/telehealth/files/application-telehealth-provider-registration.pdf|Form with instructions here.]] | * **Florida** - (Mar 17) - **Temporary authorization, 20 calendar days**: (Per phone call to the FL Board of SW, MFT, & MHC, Mar 17, Vanessa Layne): Out-of-state licensed LMHCs, LMFTs, and SWs may practice remotely in FL, without registration with the state of FL, for a maximum of 20 calendar days a year. **Permanent authorization, unlimited**: Out-of-state licensed health practitioners, of all licenses, [[http://www.flhealthsource.gov/telehealth/|may practice remotely in FL, if they register with the state of FL]]; requires retaining a Registered Agent in FL, and getting your (Massachusetts) board to complete the official Verification of License letter. [[http://www.flhealthsource.gov/telehealth/files/application-telehealth-provider-registration.pdf|Form with instructions here.]] | ||
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| + | * **Maine** - (Apr 28) - **Emergency License Reciprocity** - An executive order from Gov. Mills allows temporary emergency licenses for professionals licensed in other states. [[https://www.maine.gov/pfr/professionallicensing/professions/counselors/covid_19.html|Find the application and instructions here]] | ||
| * **Michigan** - (Mar 17) - **Emergency Exemption**: The Michigan Bureau of Professional Licensing has issued an Clarification stating that emergency exemption of licensure requirements applies to the current situation: \\ "Michigan law provides:\\ MCL 333.16171 Under the circumstances and subject to the limitations stated in each case, the following individuals are not required to have a license issued under this article for practice of a health profession in this state:\\ c) An individual who by education, training, or experience substantially meets the requirements of this article for licensure while rendering medical care in a time of disaster or to an ill or injured individual at the scene of an emergency.Situations that fall under MCL 333.16171 are exempt and therefore those individuals that meet the criteria for this exception are not required to have a license issued under Article 15 for practice of a health profession in this state. This provision does not require an individual apply for or be granted an exemption by the Department." [[https://www.michigan.gov/documents/lara/LARA_BPL_Clarification_MI_License_Exemption_State_of_Emergency_03-16-2020_Final_683898_7.pdf|Find the full text here]] | * **Michigan** - (Mar 17) - **Emergency Exemption**: The Michigan Bureau of Professional Licensing has issued an Clarification stating that emergency exemption of licensure requirements applies to the current situation: \\ "Michigan law provides:\\ MCL 333.16171 Under the circumstances and subject to the limitations stated in each case, the following individuals are not required to have a license issued under this article for practice of a health profession in this state:\\ c) An individual who by education, training, or experience substantially meets the requirements of this article for licensure while rendering medical care in a time of disaster or to an ill or injured individual at the scene of an emergency.Situations that fall under MCL 333.16171 are exempt and therefore those individuals that meet the criteria for this exception are not required to have a license issued under Article 15 for practice of a health profession in this state. This provision does not require an individual apply for or be granted an exemption by the Department." [[https://www.michigan.gov/documents/lara/LARA_BPL_Clarification_MI_License_Exemption_State_of_Emergency_03-16-2020_Final_683898_7.pdf|Find the full text here]] | ||
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| - | * **New Hampshire** - (Mar 20) - **You may not practice telehealth in NH without a NH license**: From NH Board of Mental Health Practice Website: Out-of-State Practice Pursuant to NH RSA chapter 330-A If you are located in New Hampshire and are providing mental health services to a consumer located in another jurisdiction, you are considered to be practicing in New Hampshire and need to be licensed in this State. If you are located in another state and are providing mental health services to a consumer located in New Hampshire, you are considered to be practicing in New Hampshire and need to be licensed in this State. In either case, you might also be considered to be practicing in another jurisdiction. This statement is not intended to interpret the laws of any other jurisdiction. If you are about to engage in therapy with a mental health provider in New Hampshire you would be advised to contact the Board of Mental Health Practice to check if the provider is licensed in New Hampshire (603-271-2152) or check online at https://nhlicenses.nh.gov/verification. | + | * **New Hampshire** - (Mar 25) - **UPDATE - Emergency order allows out of state providers to become temporarily licensed in NH at no cost and to practice in person or telehealth in NH**: You must submit an application to <OPLCLicensing@oplc.nh.gov> and they will issue a temporary license. {{emergency-license-form.pdf|Application here}}[[https://www.governor.nh.gov/news-media/emergency-orders/documents/emergency-order-15.pdf|Emergency order here]] |
| * **New Jersey** - (Mar 23) - **You may practice telehealth with a client located in NJ for the duration of the coronavirus state of emergency IF you have a preexisting provider-patient relationship**: You will need to submit a one page form to receive temporary license reciprocity. [[https://www.njconsumeraffairs.gov/News/Pages/03202020.aspx|Announcement here]][[https://www.njconsumeraffairs.gov/Pages/Accelerated-Temporary-Licensure.aspx|Form for reciprocity here]][[https://www.njleg.state.nj.us/2020/Bills/A4000/3860_I1.HTM|Find the statute here]] | * **New Jersey** - (Mar 23) - **You may practice telehealth with a client located in NJ for the duration of the coronavirus state of emergency IF you have a preexisting provider-patient relationship**: You will need to submit a one page form to receive temporary license reciprocity. [[https://www.njconsumeraffairs.gov/News/Pages/03202020.aspx|Announcement here]][[https://www.njconsumeraffairs.gov/Pages/Accelerated-Temporary-Licensure.aspx|Form for reciprocity here]][[https://www.njleg.state.nj.us/2020/Bills/A4000/3860_I1.HTM|Find the statute here]] | ||
| - | * **New York** - (Mar 19) - **You may not practice telehealth in NY without a NY license**: New York Office of the Professions' FAQ on COVID-19 states "If you are not licensed in New York, you may not practice a restricted profession by technology or in person." [[http://www.op.nysed.gov/COVID-19FAQS.pdf|FAQ here]] | + | * **New York** - (Apr 28) - **New executive order waives licensing for professionals who are legally licensed in other states through May 16**: "I hereby temporarily suspend or modify, for the period from the date of this Executive Order through May 16, 2020 the following: ... Section 6502 of the Education Law and 8 NYCRR 59.8, to the extent necessary to allow ... licensed clinical social workers, licensed master social workers, ... mental health counselors, marriage and family therapists, creative arts therapists, psychoanalysts and psychologists who have an unencumbered license and are currently in good standing in New York State but not registered in New York State to practice in New York State without civil or criminal penalty related to lack of registration...". [[https://www.governor.ny.gov/news/no-20218-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency|Full text of the original order, 202.18 (effective until May 16, 2020) here]], [[https://www.governor.ny.gov/news/no-20227-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency|Order 202.27, extension until June 4, 2020]], [[https://www.governor.ny.gov/news/no-20239-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency|Order 202.39, extension through July 7, 2020]], [[https://www.governor.ny.gov/news/no-20249-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency|Order 202.49, extension through August 6, 2020]] |
| * **North Carolina** - (Mar 21) - **Exemption for 30 days per calendar year**: "§ 90-332.1. Exemptions from licensure.(a) It is not the intent of this Article to regulate members of other regulated professions who do counseling in the normal course of the practice of their profession. Accordingly, this Article does not apply to:...(6) Any nonresident temporarily employed in this State to render counseling services for not more than 30 days in a year, if the person holds a license or certificate required for counselors in another state." [[https://www.ncblpc.org/LawsAndCodes|Find the distance counseling policy here]][[https://www.ncblpc.org/Assets/LawsAndCodes/LPC_Practice_Act(NCGSArticle24).pdf|Find the statute here]] | * **North Carolina** - (Mar 21) - **Exemption for 30 days per calendar year**: "§ 90-332.1. Exemptions from licensure.(a) It is not the intent of this Article to regulate members of other regulated professions who do counseling in the normal course of the practice of their profession. Accordingly, this Article does not apply to:...(6) Any nonresident temporarily employed in this State to render counseling services for not more than 30 days in a year, if the person holds a license or certificate required for counselors in another state." [[https://www.ncblpc.org/LawsAndCodes|Find the distance counseling policy here]][[https://www.ncblpc.org/Assets/LawsAndCodes/LPC_Practice_Act(NCGSArticle24).pdf|Find the statute here]] | ||
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| * **Vermont** - (Mar 20) - **Online registration for temporary license** - from Kirk McVay at AMHCA: "The state of Vermont has just issued an emergency order for all healthcare workers, including counselors who can now apply online for a temporary license to practice in Vermont. This means if your client has been forced to suddenly relocate back home to Vermont, you can continue to see them legally through telehealth by going to the Office of Professional Regulation and apply online for a temporary license." (Via Vanessa Layne) | * **Vermont** - (Mar 20) - **Online registration for temporary license** - from Kirk McVay at AMHCA: "The state of Vermont has just issued an emergency order for all healthcare workers, including counselors who can now apply online for a temporary license to practice in Vermont. This means if your client has been forced to suddenly relocate back home to Vermont, you can continue to see them legally through telehealth by going to the Office of Professional Regulation and apply online for a temporary license." (Via Vanessa Layne) | ||
| - | **EBG Law Telemental Health App** is free and contains laws organized by state and discipline. Note that it does not include emergency orders put in place during the coronavirus pandemic. [[https://www.ebglaw.com/telemental-health-laws-app/|Find it here]] | + | **EBG Law Telemental Health App** is free and contains laws organized by state and discipline. They are starting to update the main page with emergency orders put in place during the coronavirus pandemic but these aren't listed in each state's profile. [[https://www.ebglaw.com/telemental-health-laws-app/|Find it here]] |
seeing_patients_not_in_massachusetts.1585006560.txt.gz · Last modified: 2020/03/23 23:36 by brennan
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