(1) A licensee who provides psychology or behavior analysis services via telehealth shall:

(a) maintain competence with the technologies utilized, including understanding and adequately addressing the actual and potential impact of those technologies on patients, supervisees, or other professionals;

(b) maintain compliance with Title 37, chapter 17, MCA, ARM Title 24, chapter 189, and all other applicable federal, state, and local laws;

(c) adhere to the same standards of care required for in-person encounters;

(d) at the onset of the delivery of care via telehealth, identify appropriate emergency response contacts local to the patient so that those contacts shall be readily accessible in the event of an emergency;

(e) protect and maintain the confidentiality of data and information; and

(f) dispose of data and information only in a manner that protects the data and information from unauthorized access.

(2) Licensees shall not commence a licensee-patient relationship via telehealth without an initial meeting for the licensee and patient who prospectively utilize telehealth. The licensee shall, at that initial meeting with the patient:

(a) verify the identity of the patient;

(b) make available to the patient verification of the licensee's identity and credentials;

(c) obtain alternative means of contacting the patient other than electronically;

(d) provide to the patient alternative means of contacting the licensee other than electronically;

(e) document if the patient has the necessary knowledge and skills to benefit from the type of telehealth to be provided by the licensee; and

(f) inform the patient in writing about and obtain the patient's informed written consent regarding:

(i) the limitations of using technology in the provision of services;

(ii) potential risk to confidentiality of information due to technology in the provision of services;

(iii) potential risks of disruption in the use of telehealth technology;

(iv) when and how the licensee will respond to routine electronic messages;

(v) in what circumstances the licensee will use alternative communications for emergency purposes;

(vi) who else may have access to patient communications with the licensee;

(vii) how communications can be directed to a specific licensee;

(viii) how the licensee stores electronic communications from the patient; and

(ix) that the licensee or patient may elect to discontinue the provision of services through telehealth at any time.

(3) A licensee-patient relationship may be established for purposes of telehealth:

(a) by an in-person interview and examination when the standard of care requires an in-person encounter;

(b) by consultation with another licensee or health care provider who has a documented relationship with the patient and who agrees to participate in, or supervise, the patient's care; or

(c) through telehealth if the standard of care does not require an in-person encounter.

(4) A person providing services via telehealth to a person physically located in Montana while services are provided shall be licensed by the board.

(5) A person providing services via telehealth from a physical location in Montana shall be licensed by the board and may be subject to licensure requirements in other states where the services are received by the patient.


History: 37-1-131, 37-17-202, 37-17-406, MCA; IMP, 37-1-131, 37-17-102, 37-17-402, MCA; NEW, 2020 MAR p. 45, Eff. 1/18/20.