12 Alaska Admin. Code § 19.420

Current through October 17, 2024
Section 12 AAC 19.420 - Informed consent
(1) To provide, by digital, telephonic, or other electronic means, any service defined under AS 08.63.900 as practice of martial and family therapy, a license shall secure informed consent from a client. Informed consent must be written and clearly set out the benefits and risks of entering into distance professional services. The informed consent must identify the means of contact with the client, including the use of a telephone, online synchronous counselling, electronic billing, text messaging, or electronic mail. The informed consent must also
(1) identify issues related to the difficulty of maintaining the confidentiality of electronically transmitted communications;
(2) inform clients of all colleagues, supervisors and employees, such as information technology(IT) administrators, who might have authorized and unauthorized access to electronic transmissions;
(3) inform clients of the risk of access, including by family members and employees who have access to technology used in the counselling process;
(4) inform clients of pertinent legal rights and limitations governing the practice of a profession over state lines or international boundaries;
(5) inform clients that whenever possible, encrypted website and electroinic mail communications will be used to help ensure confidentiality;
(6) when the use of encryption is not possible, inform clients of this limitation and limit electronic tranmissions to general communication that are not client-specific;
(7) inform clients if and for how long archival storage of transaction record is maintained;
(8) discuss the possibility of technology failure and alternate methods of service delivery during a failure delivery;
(9) inform clients of emergency procedures, such as calling 911 or a local crisis hotline when the licensee is not available;
(10) inform clients of the limits of confidentiality under AS 08.63.200;
(11) identify, as applicable, time zone differences, local customs and cultural or language differences that might impact services delivery;
(12) inform clients when technology-assisted distance professional services are not covered by insurance and
(13) fully disclose the licensee's licensing, credentials, and areas of expertise.

12 AAC 19.420

6/22/2019, Register 230, May 2019

Authority:AS 08.63.050

AS 08.63.100

AS 08.63.110

AS 08.63.210