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Distance Counseling Informed Consent Essentials, Marlene Maheu, PhD, AASCB Concerence, January 2014

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  • 1. Distance Counse/ in_a lnformec. -' Consent Essentials AMERICAN ASSOCIATION OF STATE COUNSELING BOARDS MARLENE M. MAHEU, PH. D. MMAHEU@TELEHEALTH. ORG EXECUTIVE DIRECTOR TELEMENTAL HEALTH INSTITUTE
  • 2. ((( TELEMENTAL HEALTH teleheam_L°rg I N S I i T U TF Disclaimer I am an MFT and clinical psychologist, not an attorney, physician or Information Technology specialist. I am ag/ postic in terms of associations and companies hired. At T HI, we pull the best of what we see in all associations as they relate to legal, ethical and risk management related to usingl technology. My main focus is video-based care and not emai . My goal is educational only. The information I present is my best attempt to bring you timely and relevant information in a rapidly evolving area. I therefore make no warranty, guarantee, or representation as to the accuracy or sufficiency of the information contained in my training. You are encouraged to seek specific advice related to your circumstance from your qualified authorities. G201! Ttlellelnl Phalm IIISIIIE. Inc.
  • 3. ( 0''5.E, f'‘I3‘f‘''‘l". f'§5I5’': } <‘-II= Iii’: rIlii - Ii’ . , _. ,L. , , . AASCB Slides & References http: //telehealth. org/ aascb
  • 4. '30; L I. ¢’I. "tiH<“ihH. M ix $1.» :90». H . .a Ila. vii . ,.. .v I Historical Perspective for Distance Counseling
  • 5. 0'.5-E-"’I.3"J1"“~| '~: I-: }‘—l. ";'[ . .1-If-13:’-ylrh-; d}i30 Automobile ls Mass Produced -- 1913
  • 6. ((( TELEMENTAL HEALTH teleheainhorg INBIIIJII 62014 Tueuenhl Heami Institute. rm:
  • 7. 3 1 0 2 r e b m e C e D
  • 8. General Telepractice Licensure Issues
  • 9. lnterjurisdictional Practice - Licensing Boards that may assert jurisdiction: —The one in the professiona| ’s state(s) of Hcensure —The one in the client's state of residence — Both ° Safest: — Provide services only where licensed —Require client to attest to his or her location on every call
  • 10. ((( TELEMENT/ ll HEALTH i ‘J l I lN'3l l teIeheaIth. org BCC: Standards For Distance Professional Services NCCs shall carefully adhere to legal regulations before providing . distance services. This review shall include legal regulations from the state in which the counselor is located as well as those from the recipient's location. Given that NCCs may be offering distance services to individuals in different states at any one time, the NCC shall document relevant state regulations in the respective record(s). 020:4 ‘reteuamzl Mum: Incline, Inc. ‘
  • 11. TELEMENTAL HEALTH ((( l teIehea| th. org I N s l l T L) I F Discipline—Specific Issues ° Scope of Practice — Special informed consent laws — Special cases related to telehealth ° Oklahoma case of Dr. Trow — No in—person assessment — No informed consent — No H| PAA—comp| iant technology (he used Skype) 02014 meuemzn Health mmna. Inc. ‘
  • 12. Definitions
  • 13. TFLFMENTAI HEHTH ‘ ((( K N n Y } J ‘ te| eheaIth. org Goal: Deliver Care - Email ° Chat - Social media - Video — Synchronous — Asynchronous - Apps and other self-help - Smart devices and self-monitoring devices to collect diagnostic, biometric and education information
  • 14. K '3'9}3:"l_3l~"{”, 'fliilifm <-il= ‘rnzm(a‘. .--. -‘mj ThelNBCC Po/ icy Regarding the Provision of Distance Professional Services (2012) ° One of the most recognizable differences in this policy is the use of the term "distance professional services. ” 0 Rather than focusing only on the provision of ’’Internet counseling, ” this policy expands the terminology to include other types of professional services that are starting to be used more in distance formats.
  • 15. General Informed Consent Issues
  • 16. TELEMENTAL HEALTH ((( l teIeheaIth. org l N S I I I U T F ACA Code of Ethics (2005) A.12.a. Benefits and Limitations ° Counselors inform clients of the benefits and limitations of using information technology applications in the counseling process and in business/ billing procedures. ° Such technologies include, but are not limited to, computer hardware and software, telephones, the World Wide Web, the Internet, online assessment instruments and other communication devices.
  • 17. ((( TELEMENTAL HEALTH l N S I I T U T F I teleheaIth. org ACA Code of Ethics (2005) A.12.g. Technology and Informed Consent ° As part of the process of establishing informed consent, counselors do the following: — 1. Address issues related to the difficulty of maintaining the confidentiality of electronically transmitted communications. — 2. Inform clients of all colleagues, supervisors, and employees, such as Informational Technology (IT) administrators, who might have authorized or unauthorized access to electronic transmissions.
  • 18. ( <-Il: l’u1’: z=Ili‘o. --. -‘ii; NBCC: Standards For Distance Professional Services ° Boundaflesof competence — NCCs shall provide only those 1 _ services for which they are ) qualified by education and experience. NCCs shall also . l consider their qualifications to _ l_ . / offer such service via distance I means. _ I — Are counselors competent to deliver traditional service in technical environments? Technical and clinical training may be needed.
  • 19. ‘: lT. !': l.l'll3ll"! ”‘—llr' fl": —;l~£—u': l (‘-l l= l/Il’: ?=lli'I I15} '1!’ . . _. __. , ( . g , . Privacy, Confidentiality, Diversity ~ Privacy & Confidentiality g ; U — Understand your e :3 ‘ ‘“~ technology l 1 «V l ‘7, (email, texting, video) _ V- 7' and its clinical l‘, ,;: <.; :f‘)f/ , - , ‘, repercussions related to l MP-I I privacy and technology '”"/ ‘ 2 0 Diversity — Mu| ti—cu| tura| , multi- lingual, religious, LGBT, a nd other issues
  • 20. K <-. II= m-. mIaa. —-. -‘I'«_~* Service to the ”Home” I’ Scientific evidence base for contact to the home is y r much thinner, less I reliable than traditional I telehealth - , / F Risk management is a "‘( '- serious concern ( G y F Likelihood of I I , , 3 : .'I*‘i. ‘ » Iurkers, intruders or I- .4‘ interruptions is increased ll ” , " , ‘, .e.1~: Develop signs, code I: I words or phrases to i » y. ..-, /-at-“'. I signal something is amiss
  • 21. ( <-II: ‘IaIzmIa‘. .--. .'Ia_r NBCC: Standards For Distance Professional Services * NCCs shall screen potential distance service recipients for appropriateness to A receive services via _ I distance methods. These considerations shall be documented in the records. v
  • 22. <‘-ll: li1’: z=lli‘m-'1'(_o’ TMHI Clinical Competence Client Selection 9 Study the evidence base (research) II People with almost all diagnostic symptoms have , been documented as .2 ‘ successfully treated with traditional telehealth / ° Clients experiencing severe anxiety, flagrantly psychotic ' l‘ * I symptoms or +1‘ suicide/ homicide intent may not be optimal choices while symptom patterns are exacerbated
  • 23. ‘: lT. !': l.l'll3ll"! ”‘—llr' fl": —;l~£—u': l (‘-l l= l/Il’: ?=lli'I mil '0' . ‘ _. __. , ( . g . . TMHI Clinical Competence Client Selection II Most of the studies mentioned above include the assistance of a local collaborator ~ Treatment to the home has . not yet identified full range of 4, I'— risk ‘ ‘ - ' II Understand differences when . delivering care to clients in / ' 2 different settings (hospital vs. ‘ car, park, bed etc. ) l . II Establish procedures to minimize attendance & compliance issues
  • 24. <'-Il: l’ua’: zIli‘o. -'. -‘ii; NBCC: Standards For Distance Professional Services * Given that NCCs may be offering distance services to individuals 3; _: in different states at L I any one time, the NCC l . shall document relevant state regulations in the respective record(s).
  • 25. TE EMENTAI. HEALTH ((( L l teIeheaIth. org N S I I I U T F I HIPAA ’’Final Rule” January 17, 2013 ° Business associates of covered entities are directly liable for compliance with HIPAA Privacy and Security Rules’ requirements. Includes contractors, subcontractors and business service companies working for health care providers, (e. g., companies providing electronic health records software, teleconferencing, data back—up and storage, billing, transcription and other IT services). ° Raises the maximum penalty for data breaches from a previous cap of $250,000 to a maximum penalty is $1.5 million per violation.
  • 26. K <-—il= ‘ruzm1aa. --. -:'«. r HIPAA Enforcement The most common types of covered entities required by 5, iv, to take corrective action: “ 0 - Private Practices V’ I‘ _ T * General Hospitals l I_ ~ Outpatient Facilities , _, J‘ T‘-___‘ "’. yl_>_1_’-, —). :.}, ~;-' * Health Plans (group health 4 ii» J‘ - plans and health insurance issuers) and s Pharmacies http: //www. hhs. gov/ ocr/ privacy/ hipaa/ enforcement/ highlights/ inde x. htm|
  • 27. times. com/ borderline~personality/ content/ article/10168/2134149 in . One coumake mi-: — l. l.3rlsrie llari-: —i_i ll lcil llsrlerr-3“ l! .l. Fr-ziile I LCIQC-Lil PSXCHISCTICTITHEE Ps“"3"i°EhiatricTimes . RlSK ASSOSSIHGIII NEWS CIIITBIII ISSIIOS Blogs Special REDOITS CHE Conferences Home » PRINT PDF REPRIIIT SHARE Q r l 1 til Li’ 6 I3 Be the first of your friends to like this. TECHNOLOGY IN PSYCHIATRY Teliepsychiany: The Perils of Using Skype- By l~l. ai'lene M. Maheu, PhD and Joseph McMenarnin, MD, JD I March 28, 2013 Dr I-laheu IS the Executive Director of the Telehlental Health Institute, Inc. She is the lead author of eHeeIth. Teleheelth and Telernedicine (Josey Bass; 20:11) and The Mental Healm Professional and me New Technologies (Routledge; 2004). Dr l. tcI. Ienamin IS a Principal Consonant wnh Venebio Group, LLC, ‘in North Chesterfield, Va, and an Adjunct Professor of Health Law at Virginia Commonwealth University, Richmond, Va. ‘§ First released in 2003. Skype offers free, worldwide video access to any patientwith an Internet to * ‘gt connection. either by mobile device or desktop computer. What it does not offer, however, is a ‘{ Y ‘§§. . ' means of communication clearty suitable for clinical services—especiaIIy in mental health. y K. $ According to estimates reported by groups such as the Institute for Healthcare Consumerism, ' ' E } ceieneaini is poised to grow by 55% in 201: alone, and 6-fold by 2017.‘-2 Wisely or otl-iewvise, some ofthis growth will likely occurvia Skype. Thus, it is prudentto considerthe issues. EE: . Is. The Health Insurance Portability and Accountability Act Ordinarily, neitherfederal nor state law is designedto regulate specific proprietary entities such as Skype and its competitors. Video—chat platforms were developed for marketing to the general consumer, and not for health care. The Health Insurance Portability and Accountability Act (HIPAA) holds professionals responsible for conducting their nent, the professional cu EEG Searcnnledic; Medline Drugs Search Resources Careers Multimedia About Us Lflrnvide nruni: y~saving offers I to help you hetp your patients. I rl: 'LI| lI: ' . ‘ -. L, ,. __. _, ) aIi~sR: .ire: ciii: iii»af ’ ‘ ~ Cyinhaltat ifcluloxetine HEI delayed retease cansules) is indicated lor the ireatineit at major depressnie disorder ijVDD). The elticacy oi C)‘l’llJil| E2 was established in loo’ short-lerrn and one maintenance Ilia‘ in add is Available in 20 rrg, 35 Fig, and 60 my capsu es livi ortant Safety Information About Cymbalta . ... ... ... . . ... .. resiarits Increased the rlik of suicidal than his and hehavloi In children. adolescents. and young a vile lI| short-term studies. These studies D Prescribing Information p Medication Guide TOPIC INDEX Addiction Medicine Health Care Refonn Alzheimer Disease Major Depressive Anxiety Disorders Disorder ADHD OCD Bipolar Disorder Personality Disorders Child 8 Adolescent Schizoaffective Psychiatry Disorder Dementia Schilophrenia Depression Sleep Disorders DSM—5 Somatofonn Disorders Geriatric Psychiatry All Topics
  • 28. if i r '3'; Specific Informed Consent Processes and Documentation E
  • 29. ((( TELEMENTAL HEALTH I N $ Y I T U Y F I teIeheaIth. org TMHI Informed Consent Documentation Basics - Date - Diagnosis ° Outline of intervention - Risks and benefits of each technology used - Risks and benefits of competing approaches ° Including no service
  • 30. <-—II: ‘m: mlr. .--. -‘: a_. * TMHI Informed Consent Documentation Basics Q Emergency Resources and Plan including names and contact information for local, trusted person(s) to be contacted at the L) ‘,1 discretion of the clinician . r ; , ’ ”/ It I '' Document advantages and ‘ ; O /9 "l disadvantages of using technology 6 7 Document evidence—base - 43 supporting counseling plan ‘I Document client preferences re: technology
  • 31. <-Il= Iiu’: zIli‘o. --. -zi_o' TMHI Informed Consent Documentation Basics * Confidentiality and limits thereof as related to mandated reporting (suicide, homicide, abuse) - Fees, if any ° Statements* similar to: ~ My questions have been answered to my satisfaction in language I understand ° As of the time of my signing, all blanks have been filled in ~ Document method & procedures for data storage ° Document adherence to local and distant regulations * Obtain full legal review with a local telehealth attorney prior to using any TMHI sample wording with clients either verbally or in in your informed consent document.
  • 32. TE EMENTAI. HEALTH ((( L I teIeheaIth. org l N 5 I I I U T F TMHI Informed Consent Documentation Basics ° Some risks may not yet be unknown* ° No physical exam* ° Identify both the clinician's & client's/ patient’s physical location ° Statements* such as: Protfessional ill rely on information provided by he client/ ll)/ atient and by any on—site practitioners or other sources ° Potential problems could_ arise with electronic transmission in telepractice: ° distortion, delays, interceptions, interruptions ° Document all communications with client (written, audio, video or verbal) * Obtain full legal review with a local telehealth atto_rn_ey prior_to using any TMHI sample wording with clients either verbally or in in your informed consent document. 0201! Ttlellflnl Plallii Inslilz. mi‘.
  • 33. ((( TELEMENTAL HEALTH I N s I I T Li I F I teIehea| th. org TMHI Informed Consent Documentation Basics ° Discuss the purpose of remote contact ° Inform clients of who will have access to their email address, phone number, or any other contact information - Inform the client of who else might contact the client on your behalf ° Discuss multi—cu| tural and diversity issues 02014 TEIEMEIIZI Htillil IIISIIIE. Inc.
  • 34. TELEMENTAL HEALTH ((( I teIeheaIth. org l N S I I T U T F TMHI Informed Consent Documentation Basics ° Describe the specific roles of any consultant or local referring practitioner and who will have ultimate authority over the client's treatment ° Discuss whether client information will be stored in a computerized database ° Provide written procedures for various types of follow—up when client does not appear for remote consultation — Time limit for non-response before collateral person will be contacted if professional is concerned 0201! Ttlellflnl Plallii Inslilz. mi‘.
  • 35. ((( TELEMENTAL HEALTH 1 te| eheam_L°rg l N S I I T U T F TMHI Informed Consent Documentation Basics ° Describe how deficiencies electronic equipment could possibly cause interference with diagnosis or treatment ° Make provision for non—receipt of email, delayed receipt, problems with servers, or unannounced changes in the schedule of email communications ° Mention how easily human error could lead to incorrectly delivered messages or other unforeseen events 0201! Ttlellflnl Plallii Inslilz. mi‘.
  • 36. ((( TELEMENTAL HEALTH l N S T I T U T F I telehealth. org TMHI Informed Consent Documentation Basics ° Document technical requirements with the client prior to initiating treatment ° Document preferences and level of technology experience of the client (train if needed) ° Agree upon alternatives if video or audio connections are lost — telephone —— landlines are best, but cell phones are better than nothing
  • 37. TELEMENT/ l HEALTH I I N K I I T U H I telehea| th. org Emergencies Have a plan. ° Discuss carefully ° Write plan in your informed consent document ° Develop prior relationships with local community: Physician Family School personnel Other leaders (AA, religious? ) Emergency response team Know community resources (hospitals, drug/ alcohol treatment facilities, etc. ) Know your local collaborators Know who and when to call for local assistance. - Inform client of when you will contact local leaders, what you will tell them. - Cover your termination procedure ( i. e., ’’I will make 2 telephone calls, leave you 2 messages, send you a letter in surface mail with a copy to your physician. ”) OZDII Telellamzl Helm Inslme. Inc. I
  • 38. gar A1 Preparation for Distance Counseling i 1 i i 3x 02014 meuemai mam Inmlme. um;
  • 39. ((( TELEMENTAL HEALTH 1 teIeheaIth. org l N S l l T U T F ractlcal Application: Check on Technology ° Tech check — review potential technology and infrastructure issues prior to initiating the delivery of care — bandwidth (the rate of data transfer) — reliability of equipment (computers, monitors, video cameras, audio equipment, etc. ). — loss of connection due to inadequate transmission bandwidth or other equipment failure during a clinical crisis situation — insufficient camera resolution or environmental problems (adequacy of room lighting and microphone placement) 0201! Ttlellflnl Plallil Inslmz. mo‘.
  • 40. TELEMENTAL HEALTH ((( I teIeheaIth. org l N 5 l l T U T F Opening Protoco| * ° Identify yourself and your geographic location - Ask your client/ patient to do the same ° Audio/ video check (e. g., Do you hear & see me clearly? ) ° /5 there anyone in your room or within ear—shot today? (Agree on safety code words, signals or phrases) ° /5 there anything else I might notice and find of interest ifl were in the same room with you today? ° Has there been an emergency in your environment today? ° Is there anything else lshould know about before we begin talking today? * Obtain full legal review with a local telehealth attorney prior to using any TMHI sample wording with clients either verbally or in in your informed consent document. 0201! Ttlellflnl Health lnsllla. tar.
  • 41. <-ll= 'l’u1’: z=Ili‘o. --. -‘xi; Local Collaborators or Champions
  • 42. ((( TELEMENTAL HEALTH l teIeheaIth. org l N S l l T U T F ractlcal Application: Consider Collaborators - Identify and use of a local collaborator such as a family member or close friend of a client — Enter name and contact information into informed consent document — Stipulate under which conditions collaborator will be contacted — Outline emergency procedures and whether collaborator will be notified in such circumstances — Clearly define expected roles and responsibilities of local collaborators — Consider discussing these issues with collaborators directly 0201! Ttlellflnl Plallil Inslmz. mo‘.
  • 43. TELEMENTAI HEALTH ‘ I N _‘ Y (1 J H ‘ teIehea| th. org Mention Other Safety Issues ° Have an addendum to your informed consent document — Include social media policy statements* that fit your client population, such as: — I will not ”friend” you on Facebook or other social media sites — I will not respond to you on sites such as Yelp * Obtain full legal review with a local telehealth attorney prior to using any TMHI sample wording with clients either verbally or in in your informed consent document. O20!-I Talellemzl Health Insllme, Inc,
  • 44. gl Resources I I 1 W TM WNW. 4, H illmmflfl C, $1. I . 1«N. ..ll Iv _ _. ... ,.. .r. r., Wmwiir 02014 meuemai mam Instllma. Inc;
  • 45. ‘: lT. !'? :"!3‘j"! ”‘—! !r' fE—A~£—e"': } (‘-l l= l/Il’: ?=lli'I mil '1!’ V i ~s * i i — , i 2 Relevant Behaviora| Te| ehea| th Documents htt: telehealth. or ethical—statements - American Medical Association. (2000). Guidelines for Patient-Physician Electronic Mail - American Counseling Association. (1999) (2005). ACA Code of Ethics - American Mental Health Counselors Association. (2000). Code of Ethics of the American Mental Health Counselors Association, Principle 14, Internet On-Line Counseling - American Psychological Association. (1997). APA Statement on Services by Telephone, Teleconferencing, and Internet, A statement by the Ethics Committee of the American Psychological Association - American Psychological Association. (2010). Ethical principles of psychologists and code of conduct - American Psychological Association (2013). Guidelines for the Practice of Telepsychology - American Telemedicine Association. (2009). Evidence-Based Practice for Telemental Health - American Telemedicine Association. (2009). Practice Guidelines for Videoconferencing-Based Telemental Health - American Telemedicine Association (ATA). (2013). Practice Guidelines for Video-Based Online Mental Health Services - Australian Psychological Society. (2004). Guidelines for Providing Psychological Services and Products on the Internet - British Psychological Society. (2009). The Provision of Psychological Services via the Internet and Other Non-direct Means - Canadian Psychological Association. (2006). Ethical Guidelines for Psychologists Providing Psychological Services via Electronic Media - Federation of State Medical Boards ofthe United States, Inc. , Report of the Special Committee on Professional Conduct and Ethics. (2002) Model Guidelines For The Appropriate Use Of The Internet In Medical Practice - National Association of Social Workers. (1999) (2008). Code of Ethics - National Board of Certified Counselors (NBCC) Policy Regarding the Provision of Distance Professional Services - New Zealand Psychological Psychologists Board (2011). Draft Guidelines: Psychology Services Delivered Via The Internet And Other Electronic Media - Ohio Psychological Association. (2010). Telepsychology Guidelines
  • 46. (S(ei$i'7'ii§! i3iiAS”(3‘B"§‘e§sion’s supplemental handout for the full document imaged below —— or contact the TMH Institute at www. support. te| ehea| th. org TMH Institute APA & ATA Guideline Summary lvltlilerie iv‘). lv‘i. :lieil, Plil). r. lvl. iasiiiiu Aliiioletti, Plil). TMH In stitute Telepractice Checklist ** Document considerations and choices regarding the use of telecommunications technologies ( ** Document risks and benefits of telepsychology service e. g., cost savingsfor client/ patient, travel, time off work, parking, baby sitting), improved access to care& specialty care (e. g., V emergency or elderly, disabled, reduced stigma and embarrassment) ** In testing and assessment documentation, specify thata particular test or assessment procedure has been administered via telepsychology, and describe any accommodations or modifications V that have been made. ** Document how secure the communicated information is with each technology used, and any technology-related vulnerability to confidentiality and security by creating and storing electronic V client/ patientdata and information Consider client/ patient preferences regarding technology, treatment, arrangements v ** Document emergency resources (e. g., telephone numbers, hospital admissions, local clinical resources. local champion or proctor, friend/ family member(s) V ** Provide and discuss clear emergency plan with written instructions (e. g., suicide, homocide, abuse, other) V V v v ** Document plan for addressing emergencies and other relevantfactors re: efficacy and safety of treatment
  • 47. ((( TFIFMENT/ l HEAITH El"I"i ill teIehea| th. org Questions? Marlene M. Maheu, Ph. D. Te| eMenta| Health Institute, Inc. Phone: 619-255-2788 Email: mmaheu@te| ehea| th. ORG Te| eMenta| Health Institute, Inc. www. te| ehea| th. org