Using FaceTime for therapy sessions might actually be HIPAA compliant

Basics of California Law 5th edition coverWith so many therapists and clients owning iPhones, some therapists have started experimenting with doing sessions via Apple’s FaceTime videoconferencing. While Apple does not provide a Business Associate Agreement (typically required under HIPAA) for use of FaceTime, there is an interesting legal argument that suggests FaceTime may still be safe for therapists to use.

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What can I share from my license exam? (Part 1 of 2)

Basics of California Law 5th edition coverIt is essential to the fairness and validity of any testing process that those who take the test are who they say they are, do not attempt to cheat on the test, and do not reveal any information about test content to those who have not yet taken the exam. This is certainly true with license exams, which are considered high-stakes tests because failing can directly impact one’s professional standing and job opportunities.

Violating exam security or subverting a license exam, one of the forms of unprofessional conduct that can lead to discipline from the Board of Behavioral Sciences, occurs most commonly when someone who has just taken their exam shares its content with others who have not yet taken the exam. “Subverting,” as it is used here, means impacting the integrity of the exam; while sharing content is perhaps the most common way this happens, it certainly is not the only way it could occur.

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Boundaries, apps, and dispensaries: Seeing clients in public

Brodie Vissers / Burst / Used under licenseAs mental health clinicians, we all know the importance of setting and maintaining boundaries with clients. We have several posts on this blog about setting boundaries online, specifically in regards to social media use (1 2 3). One boundary that we have not discussed is how to manage situations when you see a client outside of the regular therapy setting.

Therapists generally agree that we do not to approach clients outside of therapy, out of respect for the client’s confidentiality. If someone else knows that you are a therapist, they may make the connection that the person you are interacting with is a client. If a client approaches the therapist first, however, engaging is often considered appropriate. Even so, many therapists agree that it is difficult to maintain professional boundaries while also engaging clients socially.

Legal and technological changes are further complicating the potentially uncomfortable situations where we might encounter clients outside of the office. More specifically, we may see clients in settings that were not previously socially acceptable or accessible. Therapists today are at risk of seeing clients on dating apps, at meet-up groups, and at marijuana dispensaries. The potential for seeing clients in social situations has always been present, but there is added risk that those interactions will reveal private details about your personal life.

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Facebook connects your clients, even if you don’t use Facebook

Woman using mobile app / Burst via Creative Commons Zero licenseIn testimony to Congress the week before last, Facebook CEO Mark Zuckerberg made a point of emphasizing that if you’re a Facebook user, you own your information. This is meant to reassure users, but it is more than a little misleading. “Your information” is what you personally have uploaded to Facebook. You do not own what other people have uploaded about you. That’s what has privacy advocates so concerned. It’s also why even therapists who don’t use Facebook should be worried about the client confidentiality risks that the company poses.

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