Ariz. Admin. Code § 4-26-110

Current through Register Vol. 30, No. 50, December 13, 2024

Section R4-26-110 - Providing Psychological Service by Telepractice

A. Before providing psychological service by telepractice, a licensee who is in compliance with A.R.S. § 36-3602 and R4-26-109 shall conduct a risk analysis as clinically indicated and document in the client or patient's record required under R4-26-106 whether use of telepractice:

1. Is consistent with the client or patient's knowledge and skill regarding use of the technology involved in providing psychological service by telepractice or with ready access to assistance with use of the technology, and

2. Is in the best interest of the client or patient.

B. A licensee shall not provide psychological service by telepractice unless both conditions of the risk analysis conducted under subsection (A) are met.

C. Before providing psychological service by telepractice, a licensee shall:

1. Obtain the written informed consent of the client or patient, using language that is clear and understandable and consistent with accepted professional and legal requirements. The licensee shall ensure the written informed consent addresses the following and a copy is placed in the client or patient's record required under R4-26-106:

a. The manner in which the licensee will verify the identity of the client or patient before each psychological service if the telepractice does not involve video;

b. The manner in which the licensee will ensure the client or patient's electronic communications are received only by the licensee or supervisee;

c. Limitations and innovative nature of using technology to provide psychological service;

d. Inherent confidentiality risk resulting from use of technology;

e. Potential risk of technology failure that disrupts provision of psychological service and how to re-establish communication if disruption occurs;

f. When and how the licensee will respond to routine electronic communications;

g. The circumstances under which the licensee and client or patient will use an alternative means of communication;

h. Who is authorized to access the electronic communication between the licensee and client or patient;

i. The manner in which the licensee stores the electronic communication between the licensee and the client or patient; and

j. The type of secure electronic technology the licensee will use to communicate with the client or patient;

2. Establish a written agreement with the client or patient that specifies contact information for sources of face-to-face emergency services in the client or patient's geographical area and requires the client or patient to contact a source of face-to-face emergency services when the client or patient experiences a suicidal or homicidal crisis or other emergency. If the licensee has knowledge the client or patient is experiencing a suicidal or homicidal crisis or other emergency, the licensee shall assist the client or patient to contact a source of face-to-face emergency services. The licensee shall place a copy of the written agreement required under this subsection in the client or patient's record required under R4-26-106.

3. Obtain the name and contact information for an emergency contact;

4. Obtain information about an alternative means of contacting the client or patient; and

5. Provide the client or patient with information about an alternative means of contacting the licensee.

D. A licensee who provides psychological service by telepractice shall repeat the risk analysis required under subsection (A) as clinically indicated.

E. If a licensee does not provide psychological service by telepractice to a client or patient, the provisions of this Section do not apply to electronic communications with the client or patient regarding:

1. Scheduling an appointment, billing, establishing benefits, or determining eligibility for services; and

2. Checking the welfare of the client or patient in accord with reasonable professional judgment.

Ariz. Admin. Code § R4-26-110

Adopted effective November 22, 1977 (Supp. 77-6). Repealed and readopted as Section R4-26-57 effective July 27, 1979 (Supp. 79-4). Adopted by final rulemaking at 22 A.A.R. 3084, effective 10/4/2016. Amended by final rulemaking at 28 A.A.R. 3879, effective 1/29/2023.