ohio sbop telepsychology rule amendments

8/3/2019 Ohio SBOP Telepsychology Rule Amendments

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STATE BOARD OF PSYCHOLOGY F OHIOTELEPSYCHOLOGY ULEAMENDMENTS

EFFECTM LtlT l2OLr

Note to readers: This language represents a temporary'.placeholder" for use until the official rules are published inOAC Chapter 4732. Underlined text represents new rulelanguage; struelt text represents deleted rule language. Ellipses(...) reflect that there were no changes made to rules before orafter the noted sections.

OAC 4732-17-O1 Rules of orofessional conduct(I) Teleosvcholoqv.

(1) "Teleosychologv." ursuant to paragraph S) of rule 4732-3-01 of theAdministrative ode, means he oractice f psycholoqy r school psvcholoqvincludinq psvcholooical nd school psycholoqical uoervision. y distancecommunication echnologv uch as but not necessarily imited o teleohone,ema , Internet-based om mun cations. nd videoconferenci o.

(2) In order to practice eleosychology n th e state of Ohio one must hold acurrent. valid license ssued by the state board of psycholoqy r shall be areqistered uoervisee f a licensee eino deleoated elepsycholoov ractices

in compliance i th oaraoraphs B) and (C) of rule 4732-13-04 of theAdministrative ode.

(3 ) Licensees nderstand hat this rul e does no t provide icensees ith authoritvto oractice elepsvcholoov n service o clients domiciled n anv iurisdictionother than Ohio, and licensees ear resoonsibility or comolvinq with laws,rules. and/or oolicie s or the practice of telepsychologv et forth by otheriurisdictional oards of psvcholoqv.

(4 ) Licensees racticino elepsvcholooy hall comolv with all of these rules ofprofessional onduct and with requirements ncurred n state and federalstatutes elevant o the oractice f psycholooy nd school osychology.

(5) Licensees stablish and maintain current competence n the professionaloractice of telepsvchology hrough continuing education. consultation. rother orocedures, n conformance ith orevailino tandards f scientific ndorofessional nowledqe. icensees stablish nd maintain competence n theapprooriate use of the information echnologies tilized n the oractice oftelepsycholoov.


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(6 ) Licensees recoonize that telepsycholoov is n ot app ropriate fo r allpsychological problems and cl ients. and decisions reoardinq the appropriateus e of telepsycholoov are made on a case-bv-case basis. Licenseespracticinq telepsycholoov are aware of additional risks incurred whenoracticinq psvcholoov or school psycholoov throuoh the use of distancecommunication technologies and take soecial care to conduct theirorofessional practice n a manner that protects he welfare of the client andensures that the client's welfare is paramount. Licensees oracticinoteleosvcholoqv hal l :

(a) Consider nd document indinqs soecif ic o:

( i ) Whether he cl ient 's present ing problems and apparent condit ion areconsistent with the use of teleosvchology o the client's benefit; an d

(ii) Whether the cl ient has sufFicient nowledge and skills in the use ofthe technoloqv involved n renderino he service.

(b ) No t orovide telepsycholooy services o an v person or oersons when th eoutcome of the analvsis required n paraoraphs I)(6)(a)( i ) and (I)(6)(a)(ii) of this rule is inconsistent with the deliverv of telepsvcholooyservices. whether related to clinical or technological ssues.

(c) Upon ini t ia l and subseouent contacts with the cl ient , make reasonableefforts to verify the identity of the client;

(d ) Obtain alternative means of contactino he client;

(e ) Provide o the client alternative means of contacting he licensee;

(n Establish a written aqreement relative to the client's access o face-to-facei emergency services in the client's qeooraphical area. in instancessuch as, but not necessarilv imited to, the cli ent experiencino a suicidalor homicidal r is is ;

(q) Licensees whenever feasible . use secure communicat ions with cl ientssuch as encrypted text messaoes via email or secure websites andobtain and document consent for the us e of non-securecommunicat ions.

(h ) Prior to orovidinq telepsvcholoqv services, obtain the written informedconsent of the client. in language that i s likelv to be understood an dconsistent with accepted professional and legal requirements, relativeto :

(i ) The l imitat ions and innovat ive nature of using dis tance echnologv n

th e provision of psvcholooical or school osvcholoqical ervices;

(ii) Potential risks to confidentiality of information due to the use ofdistance echnoloov;

( i i i ) Potent ial r isks of sudden and unpredictable disrupt ion oftelepsycholoqv services and how an alternative means of re-


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establishinq lectronic r other connection will be used under suchcircumstances;

(iv) When and how the licensee will r espond o routine electronicmessaqes;

(v ) Under what circumstances he licensee nd service ecipie nt will usealternative means of communications under emeroencvcircumstances;

(vi) Who else mav have access o communications etween he clientand he l icensee;

(vii) Soecific methods for ensurinq that a client's electroniccommunications re directed nlv o the licensee r suoervisee;

(viii)Ho w he licensee tores electronic ommunications xchanqed iththe client;

(7 ) Ensure hat confidential communications tored electronically annot be

recovered and/or accessed bv unauthorized ersons when the licenseedisposes f electronic quipment nd data;

(B ) When he primarv reatment modality s face-to-face sycholooical ervicesthe followino re exempt rom this rule:

(a) Electronic ommunication sed exclusively or appointment chedulino,bil l inq, nd/or he establishment f benefits nd eliqibil i tv or services;and.

(b ) Telephone r othe r electronic ommunications ade or th e ouroose ofensurinq lient welfare n accord with reasonable rofessionaljudqment.

Effective: UT|2OLL

47 32-3-O 1 Defi n tions.

...(S) "Telepsvcholoqy" eans he practice of psvcholoqy r school psvcholoqy sthose terms are defined n divisions B) and (E ) of section 4732.01 of the RevisedCode. includinq psvcholoqical nd school psycholooical uoervision. bv distancecommunication echnolooy uch as but not necessarilv imited o telephone. mail ,Internet-based ommun cations. n d videoconferenci g.

Effective: Lt/7lz0Lt

OAC 4732-9-O1 Requirements for admission.

(H) For persons seekinq admission o examinat ion under divis ion (B)(4)(d) of theRevised Code, Tthe tw o years of supervised professional experience n psychologicalwork of a type satisfactory to the board, at least one year of which shall be


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subsequent to attainment of the doctoral degree required by this rule , shall complywith al l of the fol lowing equirements:

...(5) The indi vidual ace-to-face supervision of such professional raining experienceshall be no less ha n five pe r cent of the weekly client contact time and shall meet al lthe supervis ion equirements described n rules 4732-L3-O7, 4732-t3-02, 4732-L3-03, and 4732-13-04 of the Administrative Code. Telepsvcholooy, as that term isdefined in oaraqraph (S ) of rule 4732-3-01 of the Administrative Code. mav be onlvused in the orovision of psvcholoqical raininq supervision as a supplement to thesupervision reouirements set forth in this rule. and may not reolace ndividual ace-to-face supervision requirements. When usino telepsvchologv fo r supplementalsuoervision. supervisors shall complv with the requirements se t forth in oaraqraph(B)(29) of rule 4732-13-04 of the Administrat ive Code.

(I ) Persons making application for licensure as a psychologist under division(eX+Xa) of sect ion 4732.LO of the Revised Code shal l complete a minimum of twoyears (a total of thirty si x hundred hours) of supervised psychological xperience of atype satisfactory to the board. Psychological raining supervision shall providesequential and increasingly complex and independent experiences o assure anorganized and planned development of : attitudes and identity as a professionalpsychologist; professional, ethical, and legal responsibilities; communication skills;critical judgment; and, competencies in the broad areas of interpersonal skills,psychological assessment, psychological nterventions, and ethical decision making.Training experiences hal l ol low developmental ly ppropriate cademic nd technicalpreparat ion. In addi t ion, persons making appl icat ion or l icensure under divis ion(e)(+)(a) of sect ion 4732.10 of the Revised Code shal l comply with the fol lowingrequirements:

(1 ) Pre-doctoral nternship. The experience required herein shall be a pre-doctoralinternship deemed satisfactory by the board as evidenced by :

...(vii) The resBonsible use of seeure teehnelegies afferding tfie ability te elearly

eebn_irtinimum

weekly faee te faee individual supervis ien equirement n paragraph 1)(1\(b)(v) ef

of the Administrative Code. may be only used in the provision of osvcholooicaltraining supervision as a supplement to the supervision requirements set forth inoaraqraph (I)(1)(b)(v) of this rule , and mav not reolace individual ace-to-facesuperuision requirements. When usinq telepsycholoqy or suoplemental suoervision,supervisors shall complv with the requirements set forth in paraqraph (B) (29) ofrule 4732-13-04 of th e Administrative Code;

(2 ) In addition to the required pre-doctoral internship, a second sequence of

supervised training experience(s) to complete the required thirty six hu ndred hoursequence shal l be met through: ful l - t ime or part- t ime post- internship includingpost-doctoral) training; a combination of qualifying doctoral program trainingpfacements; or, a combinat ion of doctoral program placements and post- internshipexperiences, as evidenced by compliance with th e following:


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...(c) Successful ompletion f a sequence f doctoral program raining placementswhich shall omply with he following:

(ii) Doctoral program raining placements hat will serve n paftial ulfillment of aminimum sixteen hundred hour training sequence re planned, tructured, andprogrammed xperiences, hich occur outside of the classroom etting and involvethe trainee's direct delivery of supervised psychological ervices n a practice,

agency, i nstitution, counseling center, graduate raining clinic, or other settingapproved y th e director of training or designee;

...(x) The respensible se ef seeure eehnele gies ue h as telephene; nternet; er we b

rule 4732-3-01 of the Administrative Code, mav be only used in the provision ofpsvcholoqical rainino supervision s a supolement o the suoervision equirementsset forth n oaraqraph I)(l)(b)(v) of this rule. and may not replace ndividual ace-to-face supervision equirements. When usinq telepsvcholoqy or supplementalsuoervision, upervisors hall comolv with the requirements et forth in oaraoraoh(B)(29) of rule 4732-13-04 f the Administrative ode;

(d ) Persons ompleting he internship ut not completing he remainder f the thirtysix hundred hour requirement y complying ith paragraph I)(l)(a), (IX1)(b), or(IX1Xc) of this rule shall complete ne or more post-internship including ut notlimited to post-doctoral) raining experience(s), which shall comply with thefollowing:

...(viii)Telepsychology. s that term is defined n paraqragh S) of rule 4732-3-01 ofth e Administrative ode. mav be onlv used n th e provision f psvcholoqical raininosupervision s a suoolement o the supervision equirements et forth in paragraph(I)(2)(c) of this rule. and mav not replace ndividual ace-to-face supervisionrequirements. When usino elepsvcholoqv or supolemental upervision. uoervisorsshall comply with the require ments et fofth in paraoraph 29 ) of rule 4732-13-04 ofth e Administrative ode.

(yii+)CXLAminimum of seventy-five er cent of the supervision hall be provided bya supervisor who is either: a psychologist r school psychologist icensed by thisboard; or, a psychologist r school psychologist icensed y another state, erritory,th e District of Columbia, or Canadian province when the supervised experiencetoolVtakes place n that other urisdiction or the psychologist r school psychologistis/was practicing egally n Ohio ; no more han twenty iv e pe r cent of th e individualsupervision may be provided by licensed llied mental health professionals, uc h asbut not limited to psychiatrists, professional linicalcounselors, r clinical socialworkers; or, a post-doctoral rainee eligible or licensure as a psychologist nd

conductingupervision f th e trainee under an umbrella supervision rrangement

with a licensed sychologist r licensed chool psychologist;

t+x) (XLThere shall be on average at least one additional ou r per week n learningactivities such as: additional face-to-face individual supervision; superuisionconducted ia telepsvcholooy; roup supervision; as e conferences r grand rounds;didactic consultations it h psychologists, chool psychologists, r othe r appropriate


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mental health professionals; guided professional eadings; seminars; or, co-therapywith a licensed psychologist or school psychologist, r other appropriate professional;

(x) (xi) Fo r psychological rainees employed as faculty members and others in post-internship academic and research settings, graduate-level teaching and researchinvolving th e professional practice of psychology n which client welfare is directlyaffected shall be acceptable under this.rule if specified

aspaft

of a written trainingplan administered by a licensed psychologist or board licensed school psychologistsupervisor and i f in compliance with the fol lowing:

(a ) Research projects and the teaching of graduate courses shall relate to courses orinvestigations concerning th e professional practice of psychology or schoolpsychology;

(b ) Th e teaching and research shall beinternship raining experience under theschool psychologist;

part of a planned and organized post-supervision f a licensed psychologist r

(c ) Th e teaching and research shall not count as a substitute for the required direct

client contact hours.

(d ) The teachino and research components shall not exceed thiftv oer cent of th etotal t ra inino ime for any given raining experience.

(xiil The responsible provision of suoervision vi a teleosycholooy is allowable as asuPplemental trainino and consultation aid and for supervision in excess of theminimum rat io reouired, al thouoh t may not replace he minimum weekly face-to-face individual upervis ion equirement n paraoraph I)(2)(b)(vi i i ) of this rule: . . .

Effective: 121O6/2OLO; U7 l2OLL

4732-13-O3 Suoervision defi nitions.

(A ) Professional supervision in psychology:

(1 ) "Psychological work supervision" means th e professional versight of persons wh owork under the l icensing authority of the licensed psychologist. he psychological orkshall be consistent with previous academic and professional raining, both didactic an dpractica, of the supervisor an d the supervisee. elepsvcholooy . s that term is defined nParaaraPh S) of rule 4732-3-01 of the Administrative Code, mav be used in th eprovision of osvcholooical ork suoervision f conducted n accord with reouirements etforth in paraoraph B)(29) of rule 4732-13-04. The supervisee's work sha ll not includeth e functions of psychological

iagnoses,psychological rescriptions,

orpsychological

cl ient supervis ion.

(2 ) "Psychological raining supervision" means the formal provision by licensedpsychologists r licensed chool psychologists f systematic ducation an d training hat isprimarily case-focused and evaluative. Teleosychology. s that term is defined inparaqraoh (S ) of rule 4732-3-01 of the Administrative Code. may be used in th e


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orovision of psycholooical rainino supervision only as a supplement o the suoervisionreouirements se t forth in oaraqraoh H) and oaraoraoh I) of rule 4732-9-01 and maynot replace ndividual ace-to-face uoervision equirements. he supervisory elationshipsupports and directs the work and professional development of graduate students(including pre-doctoral nterns), postdoctoral rainees or other qualified individuals ohelp hem:

(a ) Gain experience or purposes f licensure s psychologists,

(b ) Develop another competency rea, or

(c ) Develop skills n th e performance f psychological rocedures....

(B ) Professional upervision n school psychology:

(1 ) "School psychological ork supervision" means he supervision f persons who workunder the licensing uthority of a licensed psychologist r a licensed chool psychologist.Any work done under he authority of a licensed chool psychologist hall not exceed hescope of practice described n division (E) of section 4732.0L of the Revised Codeuandshall be consistent with th e previous academic and professional raining of the supervisor

and the supervisee. Telepsycholoqv. s that term is defined in paraoraph (S ) of rule4732-3-01 of the Administrative Code, may be used in the provision of schoolosvcholooical work suoervision f conducted n accord with reouirements set forth inoaraoraoh B)(29) of rule 4732-13-04.

(2 ) "School psychological raining supervision" means he formal provision by licensedpsychologists r licensed chool psychologists f systematic ducation and training ha t isprimarily case-focused and evaluative. Telepsvcholoov. s that term is defined inoaraoraoh (S ) of rule 4732-3-01 of the Administrative Code, may be used in theorovision of school psycholooical raininq supervision only as a supplement to thesuoervision eouirements et forth in oaraoraoh H) an d oaraqraph I) of rule 4732-9-01an d may not replace ndividual ace-to-face supervision equirements. The supervisoryrelationship suppofts and directs the work and professional evelopment of graduate

students(including pre-doctoral interns), postdoctoral rainees or other qualified

individuals o help hem:

(a ) Gain experience fo r purposes of licensure as a school psychologist or as apsychologist, r

(b ) Develop skills used n th e practice of school psychology.

. . . (K) "Telepsycholoov." as used herein. has the same meanino as that term isdefined in paraoraoh (S ) of rule 4732-3-01 of the Administrative Code.

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4732-13-O4 Reouirements oertaininq to suoervision....(B) Supervisor responsibilities pertaining to professional work supervision an dprofessional raining su pervision.


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' .(L7) A supervisor hall base h e intensity of the supervision nd the orosoective se oftelepsvcholoqy n the suoeruisory elationshio on his/her professional udgment of th esupervisee's redentials, ears of experience, and the complexity of the cases undersupervision and shal l have direct knowledge of all clients served by his/her supervisee.This knowledge may be acquired through direct client contact or through otherappropriate means such as tape recordings, ideotapes, est protocols, or other client-generated material.

. . . (29) n accord with paraqraphs A)(1) . (A)(2) . (B)(1) . and (B)(2) of rule 4732-13-03 fthe Administrative Code. licensees ma y conduct psycholoqical upervision or schoolpsycholoqical uoervision ia teleosvcholoqv s follows:

(a ) Licensees ecognize hat th e use of telepsycholooy s not appropriate or allcases and supervisees, and decisions reqarding the appropriate use ofteleosycholoqv are made on a case-bv-case basis. Licensees providinqsupervision via telepsycholoov are aware of additional risks incurred whenproviding supervision through the use of d istance communicationtechnoloqies and take special care to conduct heir supervision n a mannerthat protects th e welfare of the client and ensures hat the client's welfare isparamount .

(b ) Licensees establish and maintain current comoetence in the conduct ofosvchological supervision vi a telepsycholoov hrouqh co ntinuino education.consultation, or other procedures, n conformance with prevailinq standardsof scientific and professional knowledge. Licensees establish and maintaincompetence n the aporopriate use of the information technologies utilized nth e renderinq of psycholoqical uoervision.

(c ) Licensees providinq supervision vi a telepsvcholooy hall:

( i ) Consider and document indinos specif ic o:

(a) Whether a given cl ient 's present ing roblems and aooarent condit ionare consistent with the use of telepsycholoqy in the supervisorvprocess o th e client's benefit; and

(b ) Whether the supervisee ha s sufficient knowledqe and skills in theus e of the technolooy involved n renderinq h e supervision.

(ii) No t provide suoervision via telepsychology services to any superviseewhen the outcome of the analvsis reouired in oaraqraphs(B)(29)(c)( i ) (a) and (B)(29)(c)( i ) (b) s inconsis tent with the del ivery ofsuoervision via telepsvcholoqv. whether related to issues involvino aqiven case or issues nvolvinq he technolooical nowledqe and ski l ls ofthe suoervisee.

( i i i ) Upon ini t ia l and subsequent contacts with the supervisee. makereasonable efforts to verifv th e identity of the suoervisee;

(iv) Obtain alternative means of contacting he superuisee;

(v ) Provide to th e supervisee alternative means of contacting th esupervisor;


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(vi) Licensees. whenever feasible. use secure communications withsuoervisees, such as encrypted text messaoes vi a email or securewebsites or secure real-time video;

(vii'l Prior to providing suoervision via telepsvchology services. th esupervisor nd supervisee hal l enter into a wri t ten aoreement . n olainlanouaoe consistent with acceoted professional an d leoal requirements.relative o:

(a ) Potential isks of sudden and unpred ictable disruption of supervisiondeoendent on teleosvcholoqv services an d how an alternativemeans of re-establishing electronic or other connection will be usedunder such ci cumstances;

(b l When and how the suoervisor wil l respond to rout ine electronicmessaqes rom the supervi see;

/c ) Under what circumstances he supervisor and suoervisee will useal ternat ive means of communicat ions under emerqencycircumstances;

(7 ) Ensure that confidential communications stored electronically cannot berecovered and/or accessed by unauthorized persons when the licenseedisposes f e lectronic ouioment and data;

Effective OL/ O9/2OLO LL/7 2OLL

ohio sbop telepsychology rule amendments

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