Code of Ethics on Telehealth
Generally, telehealth practices are subject to exactly the same federal and state regulations, codes of ethics, and professional guidelines that define the fiduciary relationship in face-to-face and office-based therapy. It falls within the same standard of care.
Following are Ethics codes of different professional associations that have attended to the telehealth concerns differently. Following are:
American Counseling Association Code of Ethics (ACA, 2005):
http://www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx devotes a separate section (A. 12) to "Technology Application" where it is spells out guidelines regarding limitations, access, informed consent, use of the Web and more, regarding telehealth and related issues.
American Medical Association (AMA, 2000) Guidelines for Patient-Physician Electronic Mail:
http://hosted.ap.org/specials/interactives/_documents/patient_physician_email.pdf
American Mental Health Counselors Association (AMHCA, 2010) Code of Ethics:
http://www.amhca.org/assets/content/AMHCA_Code_of_Ethics_11_30_09b1.pdf
Principle 6: Technology-Assisted Counseling
Technology-assisted counseling includes but is not limited to computer, telephone, internet and other communication devices.
Mental health counselors take reasonable steps to protect patients, clients, students, research participants and others from harm. Mental health counselors performing technology-assisted counseling comply with all other provisions of this Ethics Code. Mental health counselors:
a) establish methods to ascertain the client's identity and obtain alternative methods of contacting the client in an electronic emergency.
b) electronically transfer client confidential information to authorized third-party recipients only when both the mental health counselor and the authorized recipient have secure transfer and acceptance capabilities as state and federal laws regulate.
c) ensure that clients are intellectually, emotionally, and physically capable of using technology-assisted counseling services, and of understanding the potential risks and/or limitations of such services.
d) provide technology-assisted counseling services only in practice areas within their expertise. Mental health counselors do not provide services to clients in states where doing so would violate local licensure laws or regulations.
e) confirm that the provision of technology-assisted counseling services are not prohibited by or otherwise violate any applicable state or local statutes, rules, regulations or ordinances, codes of professional membership organizations and certifying boards, and/or codes of state licensing boards.
American Psychiatric Association –Telepsychiatry via Teleconferencing:
http://www.psych.org/lib_archives/archives/199821.pdf
American Psychological Association (APA) Code of Ethics of 2002:
http://www.apa.org/ethics/code/index.aspx simply states that basically, therapy that uses telephone or Internet must abide by the same ethical guidelines as in person therapy.
This Ethics Code applies only to psychologists' activities that are part of their scientific, educational, or professional roles as psychologists. Areas covered include but are not limited to the clinical, counseling, and school practice of psychology; research; teaching; supervision of trainees; public service; policy development; social intervention; development of assessment instruments; conducting assessments; educational counseling; organizational consulting; forensic activities; program design and evaluation; and administration. This Ethics Code applies to these activities across a variety of contexts, such as in person, postal, telephone, Internet, and other electronic transmissions. These activities shall be distinguished from the purely private conduct of psychologists, which is not within the purview of the Ethics Code. (Introductory and applicability, 2nd Para.)
American Psychological Association. (1997) APA statement on services by telephone, teleconferencing, and Internet:
http://www.apa.org/ethics/education/telephone-statement.aspx
The Ethics Committee can only address the relevance of and enforce the "Ethical Principles of Psychologists and Code of Conduct" and cannot say whether there may be other APA Guidelines that might provide guidance. The Ethics Code is not specific with regard to telephone therapy or teleconferencing or any electronically provided services as such and has no rules prohibiting such services. Complaints regarding such matters would be addressed on a case by case basis.
American Telemedicine Association - Evidence-based Practice for Telemental Health – Practice Guidelines for Videoconferencing Based Telemental Health:
http://virtualservices.kansasworks.com/About/ Documents/Telemental%20Health2.pdf
Australian Psychological Association – Guidelines for providing psychological services and products on the internet:
http://www.psychology.org.au/publications/inpsych/online/
California Association of Marriage and Family Therapists (CAMFT) 2008 Code of Ethics:
http://www.camft.org/Content/NavigationMenu/AboutCAMFT/WhatCanCAMFTDoForMe/ EthicalStandardsPartI1/EthicalStandardsPart1.pdf
1.4.1 ELECTRONIC THERAPY: When patients
are not physically present (e.g., therapy by telephone or Internet) during the provision of therapy, marriage and family therapists take extra precautions to meet their responsibilities to patients. Prior to utilizing electronic therapy, marriage and family therapists consider the appropriateness and suitability of this therapeutic modality to the patient's needs. When therapy occurs by electronic means, marriage and family therapists inform patients of the potential risks, consequences, and benefits, including but not limited to, issues of confidentiality, clinical limitations, transmission difficulties, and ability to respond to emergencies. Marriage and family therapists ensure that such therapy complies with the informed consent requirements of the California Telemedicine Act.
California Board of Behavioral Sciences - Notice to licensees regarding psychotherapy on the Internet.
http://www.psychboard.ca.gov/consumers/internet-thrpy.shtml
Canadian Psychological Association, Committee on Ethics. Cautions and guidelines for psychologists providing services by telephone or online.
http://www.cpa.ca/aboutcpa/committees/ethics/psychserviceselectronically/
iHealthCoalition.org - eHealth Code of Ethics:
http://www.ihealthcoalition.org/ehealth-code
International Society for Mental Health Online (2000).
https://www.ismho.org/suggestions.asp Suggested principles for the online provision of mental health services
National Association of Social Workers (NASW) Code of Ethics of 1999
http://www.socialworkers.org/pubs/code/code.asp mentions briefly under Informed Consent:
Social workers who provide services via electronic media (such as computer, telephone, radio, and television) should inform recipients of the limitations and risks associated with such services. (NASW, 1999, Section 1.03, Para. E).
National Board for Certified Counselors (NBCC) Code of Ethics (amended 2005)
http://www.nbcc.org/Assets/Ethics/nbcc-codeofethics.pdf states in section B.12:
Counselors using electronic means in which counselor and client are not in immediate proximity must present clients with local sources of care before establishing a continued short or long-term relationship. Counselors who communicate with clients via Internet are governed by NBCC standards for Web Counseling.
NBCC Practice of Internet Counseling at http://www.nbcc.org/Assets/Ethics/internetCounseling.pdf. states:
Standards for the Ethical Practice of Internet Counseling
These standards govern the practice of Internet counseling and are intended for use by counselors, clients, the public, counselor educators, and organizations that examine and deliver Internet counseling. These standards are intended to address practices that are unique to Internet counseling and Internet counselors and do not duplicate principles found in traditional codes of ethics.
These Internet counseling standards of practice are based upon the principles of ethical practice embodied in the NBCC Code of Ethics. Therefore, these standards should be used in conjunction with the most recent version of the NBCC ethical code. Related content in the NBCC Code are indicated in parentheses after each standard.
Recognizing that significant new technology emerges continuously, these standards should be reviewed frequently. It is also recognized that Internet counseling ethics cases should be reviewed in light of delivery systems existing at the moment rather than at the time the standards were adopted.
In addition to following the NBCC Code of Ethics pertaining to the practice of professional counseling, Internet counselors shall observe the following standards of practice:
Internet Counseling Relationship
- In situations where it is difficult to verify the identity of the Internet client, steps are taken to address impostor concerns, such as by using code words or numbers.
- Internet counselors determine if a client is a minor and therefore in need of parental/guardian consent. When parent/guardian consent is required to provide Internet counseling to minors, the identity of the consenting person is verified.
- As part of the counseling orientation process, the Internet counselor explains to clients the procedures for contacting the Internet counselor when he or she is off-line and, in the case of asynchronous counseling, how often email messages will be checked by the Internet counselor.
- As part of the counseling orientation process, the Internet counselor explains to clients the possibility of technology failure and discusses alternative modes of communication, if that failure occurs.
- As part of the counseling orientation process, the Internet counselor explains to clients how to cope with potential misunderstandings when visual cues do not exist.
- As a part of the counseling orientation process, the Internet counselor collaborates with the Internet client to identify an appropriately trained professional who can provide local assistance, including crisis intervention, if needed. The Internet counselor and Internet client should also collaborate to determine the local crisis hotline telephone number and the local emergency telephone number.
- The Internet counselor has an obligation, when appropriate, to make clients aware of free public access points to the Internet within the community for accessing Internet counseling or Web-based assessment, information, and instructional resources.
- Within the limits of readily available technology, Internet counselors have an obligation to make their Web site a barrier-free environment to clients with disabilities.
- Internet counselors are aware that some clients may communicate in different languages, live in different time zones, and have unique cultural perspectives. Internet counselors are also aware that local conditions and events may impact the client.
Confidentiality in Internet Counseling
- The Internet counselor informs Internet clients of encryption methods being used to help insure the security of client/counselor/supervisor communications.
Encryption methods should be used whenever possible. If encryption is not made available to clients, clients must be informed of the potential hazards of unsecured communication on the Internet. Hazards may include unauthorized monitoring of transmissions and/or records of Internet counseling sessions.
- The Internet counselor informs Internet clients if, how, and how long session data are being preserved.
Session data may include Internet counselor/Internet client email, test results, audio/video session recordings, session notes, and counselor/supervisor communications. The likelihood of electronic sessions being preserved is greater because of the ease and decreased costs involved in recording. Thus, its potential use in supervision, research, and legal proceedings increases.
- Internet counselors follow appropriate procedures regarding the release of information for sharing Internet client information with other electronic sources.
Because of the relative ease with which email messages can be forwarded to formal and casual referral sources, Internet counselors must work to insure the confidentiality of the Internet counseling relationship.
Legal Considerations, Licensure, and Certification
- Internet counselors review pertinent legal and ethical codes for guidance on the practice of Internet counseling and supervision.
Local, state, provincial, and national statutes as well as codes of professional membership organizations, professional certifying bodies, and state or provincial licensing boards need to be reviewed. Also, as varying state rules and opinions exist on questions pertaining to whether Internet counseling takes place in the Internet counselor's location or the Internet client's location, it is important to review codes in the counselor's home jurisdiction as well as the client's. Internet counselors also consider carefully local customs regarding age of consent and child abuse reporting, and liability insurance policies need to be reviewed to determine if the practice of Internet counseling is a covered activity.
- The Internet counselor's Web site provides links to websites of all appropriate certification bodies and licensure boards to facilitate consumer protection.
Ohio Psychological Association – Telepsychology Guidelines:
http://www.ohpsych.org/resources/1/files/Comm Tech Committee/OPATelepsychologyGuidelines41710.pdf
Online Therapy Institute (OTI) 2011 Ethical Framework for the Use of Social Media by Mental Health Professionals:
http://www.onlinetherapyinstitute.com/ethical-framework-for-the-use-of-social-media-by-mental-health-professionals/
