Current through Register Vol. XLI, No. 50, December 13, 2024
Section 25-1-5 - Telehealth Services5.1. All social workers providing social work or therapy via telehealth to persons residing and located in West Virgina shall be licensed or registered by the West Virginia Board of Social Work. 5.1.1. A licensee shall only provide telehealth services in accordance with the respective scope of practice commensurate with his or her level of licensure.5.1.2. Clinical social work services provided by individuals outside of the state may only be provided by a practitioner licensed at the clinical level.5.2. All licensees of the Board providing telehealth services to clients outside the state of West Virginia shall comply with the laws and rules of that jurisdiction.5.3. Prior to the provision of telehealth services, the social worker shall become competent in the technology and skills required in telehealth, including methods in which such practice can be safely and appropriately conducted.5.3.1. The social worker shall maintain current competence in the use of telehealth and technology through relevant continuing education or consultation.5.4. Prior to the provision of service, the social worker should follow agency protocols or develop and follow a procedure to:5.4.1. Verify the identification and location of the client at the beginning of each session;5.4.2. Obtain informed consent specific to telehealth services using appropriate language understandable to the client;5.4.3. Safeguard the client's confidentiality and prevent access to data by unauthorized persons through encryption or other means;5.4.4. Notify clients in the event of a data breach;5.4.5. Establish safety protocols to be used in the case of an emergency, including contact information of emergency services at the client's location; and5.4.6. Obtain or confirm an alternative method of contacting the client in case of a technological failure.5.5 The practitioner-client relationship is established at the time informed consent is obtained.5.6. Social workers providing telehealth shall abide by the Code of Ethics approved by the National Association of Social Workers as if providing in person services, but should be particularly attentive to the provisions relating to electronic social work services.5.7. The social worker shall use telehealth only where it is appropriate for the client, and decisions regarding the use of telehealth shall be made individually. 5.7.1. The social worker shall consider the client's current mental and emotional status and technological capabilities during intake to determine the client's appropriateness for telehealth.