Sec. 5. Before using telepsychology, the psychologist must do the following:

(1) Establish and maintain competency in the use of telepsychology, including through continuing education, consultation, or other procedures, in conformance with prevailing standards of scientific and professional knowledge.

(2) Establish and maintain competency in the appropriate use of the information technologies used in the practice of telepsychology.

(3) Assess if the client's primary problem and apparent condition are consistent with the use of telepsychology to the client's benefit.

(4) Determine if the client has sufficient knowledge and skills to use the technology involved in telepsychology or if the client can use a personal aid or assistive device to benefit from the service.

(5) Refrain from providing telepsychology services to any client when the outcome of the psychological analysis is inconsistent with the delivery of telepsychology services, including clinical or technological issues.

(6) At each contact with the client, make reasonable efforts to verify the identity of the client.

(7) Establish an alternative means of contacting the client.

(8) Provide the client with an alternative means of contacting the psychologist.

(9) Establish a written agreement concerning the client's access to face-to-face emergency services in the client's geographical area, including instances where the client is experiencing a suicidal or homicidal crisis.

(10) When feasible, use secure communications with clients, which may include encrypted text messages via electronic mail or secure Internet web sites.

(11) Obtain and document consent for the use of nonsecure communications.

(12) Obtain the written informed consent of the client, in language that is likely to be understood and is consistent with accepted professional and legal requirements, concerning the following:

(A) The limitations and innovative nature of using telepsychology in providing psychological services.

(B) Potential risks to confidentiality of information due to the use of telepsychology.

(C) Potential risks of sudden and unpredictable disruption of telepsychology services and how an alternative means of reestablishing an electronic or other connection will be used under those circumstances.

(D) How and when the psychologist will respond to routine electronic messages.

(E) Under what circumstances the psychologist and client will use an alternative means of communication under emergency circumstances.

(F) Who else may have access to communications between the client and the psychologist.

(G) Specific methods for ensuring that a client's electronic communications are directed only to the psychologist.

As added by P.L.130-2019, SEC.2.