In the past three weeks, we’ve discussed what we know and don’t know about online psychotherapy, and four reasons to move your practice online. As you’ve read, online psychotherapy has a great deal of potential, and may be a good fit for your practice. It does, however, come with some risks to both you and your clients. Here, I’ll address some of those risks and how you can minimize them.
Law and ethics
What we know about online therapy
The world of online therapy continues to develop rapidly. There are now dozens of videoconference platforms designed or marketed specifically to therapists. The research base is steadily growing. States and provinces are working feverishly to provide clarity in law for therapists working online.
In such a rapidly-changing environment, it can be difficult for therapists to reasonably assess the current state of online psychotherapy. Here’s what we can safely say we know as of April 2017. Unless otherwise noted, “online therapy” here refers to interactive, video-based work. Other forms of technology, including phone, text, and chat, are often used in therapy, but less is known about them.
HIPAA compliance: Three great resources under $35
The Health Insurance Portability and Accountability Act, also known as HIPAA, confuses a lot of therapists. Parts of the law are flexible based on the size and type of entity involved. Other parts apply equally to every covered entity. It’s a big and complex law, one that sometimes scares therapists and counselors away from using technology in their work.
Thankfully, there are a number of good and inexpensive resources for psychotherapists who want to comply with the law. Each of the ones listed below is less than $35.
Texas Supreme Court reverses earlier ruling, allows MFT diagnosis
In a major victory for marriage and family therapists, the Texas Supreme Court today ruled that MFTs can independently diagnose in accordance with the DSM. The ruling was surprising, given that the Court had denied review of the case last year. In an unusual move, the court agreed to reconsider the case last fall.
Lift the ban on soliciting testimonials
Note: The following opinion is a lightly-edited excerpt from the new fourth edition of Basics of California Law for LMFTs, LPCCs, and LCSWs. The ban on soliciting testimonials from clients is discussed in one of the book’s new “Room for Debate” segments. To see Emma Jaegle’s counterargument supporting the ban, get the book. For more on what’s in the new edition, which is updated to 2017 state law, click here.