What do I need in place to offer telehealth?
HealthCompliancePrivacy
Three things. A license that covers the client's location, because licensed health care is generally regulated by the state where the patient is during the visit, not where you sit. An informed consent that explains remote care, its limits and what happens in an emergency. And a video and messaging platform that protects health information, with a signed business associate agreement if you are covered by HIPAA.
Licensing across state lines
A therapist licensed in New York who sees a client vacationing in Florida is, in the eyes of most licensing boards, practicing in Florida. Interstate compacts make this easier for some professions: the Interstate Medical Licensure Compact for physicians, PSYPACT for psychologists, and newer compacts for counselors and others. Check what your profession offers and which states have joined before you take out-of-state clients.
The telehealth consent
- That care is delivered remotely and what that means for examination and treatment.
- The risks: technology failures, privacy, and the limits of a remote visit.
- What to do in an emergency, and where the client is located for each session.
- How records are kept and shared.
The platform
Consumer video apps are convenient, but if HIPAA applies to you, the vendor that handles your session data needs to sign a business associate agreement. Most health-focused platforms offer one. Prescribing remotely, especially controlled substances, is subject to separate federal and state rules that change often.
What to do
- Confirm you are licensed, or covered by a compact, in every state where clients will be.
- Use a written telehealth consent and record the client's location each session.
- Choose a platform that will sign a business associate agreement.
- Check current prescribing rules before prescribing remotely.
Related questions
Written by the lawyers who built Arabella. This is legal information, not legal advice for your situation, and reading it does not make us your lawyers. For a real dispute or a high-stakes decision, talk to a licensed attorney. More questions.