Okla. Admin. Code § 575:10-1-11

Current through Vol. 42, No. 3, October 15, 2024

Section 575:10-1-11 - Telepsychology

(a)"Telepsychology" means the practice of psychology as defined 59 O.S. § 1352, including psychological and school psychological supervision, by distance communication technology such as but not necessarily limited to telephone, email, Internet-based communications, and videoconferencing.

(b)"Resident" means any individual who is or has been present in Oklahoma for other than a temporary or transitory purpose, or who is domiciled in Oklahoma.

(c)"Domicile" means the place where an individual voluntarily establishes themselves and their family, not merely for a special or limited purpose, but with a present intention of making it their true, fixed, permanent home and principal establishment.

(d) In order to practice telepsychology in the state of Oklahoma, one must hold a current, valid license issued by the Oklahoma State Board of Examiners of Psychologists ("Board"), or be currently credentialed through the Psychology Interjurisdictional Compact (also known as PSYPACT), set forth in 59 O.S. § 1377 et seq. Psychological technicians, interns, and post-doctoral candidates approved by the Board to practice under the supervision of an Oklahoma licensed psychologist may also provide telepsychology services.

(e) Telepsychology providers must comply will all other provisions of the statutes and rules that govern the practice of psychology while engaging in telepsychology.

(f) The recipient of telepsychology services must be a resident or domiciled in Oklahoma, unless otherwise allowed by law. Those that provide telepsychology services bear responsibility for complying with all applicable laws, rules, and/or policies that govern the practice of telepsychology (for example, HIPAA regulations).

(g) Telepsychology providers recognize that telepsychology is not appropriate for all psychological problems and clients, and decisions regarding the appropriate use of telepsychology are made on a case-by-case basis.

(h) Telepsychology providers will document an emergency plan in the service recipient's record. The plan will specify the procedure for dealing with emergencies that will in an effective and timely way, provide for the service recipient's welfare.

(i) Telepsychology providers shall obtain and document informed consent for the provision of psychological health care services via telepsychology from the client. Such consent shall cover concerns unique to the receipt of psychological health care services via telepsychology, including risks to confidentiality and security, data storage policies and procedures specific to telepsychology, the possibility of disruption and/or interruption of service due to technological failure, insurance coverage considerations, and other issues that can reasonably be anticipated regarding the non-comparability between psychological health care services delivered in person and those delivered via telepsychology.

(j) Telepsychology providers shall establish an agreement relative to the client's access to face-to-face emergency services in the client's geographical area, in instances such as, but not necessarily limited to, the client experiencing a suicidal or homicidal crisis.

(k) Telepsychology providers shall ensure the security and confidentiality of communications and records created and maintained during telepsychology services, and must comply with all applicable laws, rules, and/or policies that govern the practice of telepsychology.

(l) Telepsychology providers using telepsychology for testing must ensure that the identity of service recipients remains secure, that test security is maintained, that test-taking conditions are conducive to quiet and private test administration, and that the parameters of the test(s) are not compromised.

(m) Telepsychology providers will explain to service recipients the potential limitations of conclusions and recommendations drawn from the results of testing and will document these limitations in the findings or report.

(n) Before delivering telepsychology services to recipients across state, territorial, and international boundaries, providers should familiarize themselves and ensure that they comply with all applicable laws.

Okla. Admin. Code § 575:10-1-11

Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022