KRS 335.158: Duty of treating clinical social worker utilizing telehealth with client --

Requirements for telehealth.

(1) A social worker who provides or facilitates the use of telehealth shall:

(a) Ensure that the informed consent of the client, or a nother appropriate person

with authority to make the health care treatment decision for the client, is

obtained before services are provided through telehealth;

(b) Ensure that the confidentiality of the client's medical information is

maintained as requir ed by this chapter and other applicable state and federal

law. At a minimum, confidentiality shall be maintained through appropriate

processes, practices, and technology that conform to applicable state and

federal law, including but not limited to the Hea lth Insurance Portability and

Accountability Act of 1996, Pub. L. No. 104-191, as amended;

(c) Ensure that telehealth services are accessible to clients with disabilities in

compliance with Section 508 of the Rehabilitation Act of 1973, as amended,

29 U.S .C. sec. 794(d), Title III of the Americans with Disabilities Act, 42

U.S.C. secs. 12181 to 12189, and all other applicable federal and state

accessibility requirements;

(d) Disclose to the client the potential risks to privacy and confidentiality of

information due to the use of technology, including:

1. The potential risks of disruption in the use of technology;

2. When and how the social worker utilizes electronic messages;

3. The circumstances in which the social worker may utilize alternative

modes of communication for emergency purposes, including medical,

psychiatric, and other emergencies;

4. The identity of anyone who may have access to client communications

with the social worker; and

5. The identity of the social worker, his or her credentials, and the

jurisdiction of licensed practice;

(e) Assess the client's current condition and needs to determine the

appropriateness of telehealth in meeting those needs and that the client has the

necessary knowledge and skill to benefit from telehealth;

(f) Adhere to the same or appropriately adapted standards of care as when

treatment or services are provided in person;

(g) Not engage in fee-splitting with other telehealth providers or entities; and

(h) Not engage in false, misleading, or deceptive advertising of telehealth

services.

(2) Each time a social worker provides or facilitates services via teleh ealth, the social

worker shall:

(a) Make a reasonable attempt to verify the identity of the client;

(b) Make a reasonable attempt to verify and document the physical location of the

client at the time services are provided;

(c) Obtain from the client alternative means of contacting the client;

(d) Provide information on how communication can be directed to the social

worker;

(e) Utilize non -public facing technology products that comply with the Health

Insurance Portability and Accountability Act of 1996 sta ndards in 42 U.S.C.

secs. 1320d to 1320d -9, except when the client, after being duly informed of

the risks in writing or through a documented conversation, has requested to

use nonsecure communication methods, and the social worker has

documented the clien t's request and informed consent in the client's record;

and

(f) Document in the client's record that a service was provided via telehealth,

including any technological difficulties experienced during the provision of

the service and adherence to all appropriate standards of care.

(3) When a social worker determines a client is at imminent risk of serious harm during

a telehealth encounter, the requirements of subsections (1) and (2) of this section

may be waived as necessary for timely and appropriate inte rvention to protect the

client's safety. This exception is limited to a single telehealth encounter or

successive contacts within the same crisis lasting no more than twenty -four (24)

hours. Use of this telehealth exception and the rationale shall be docum ented in the

client record.

(4) Any person located within or outside of Kentucky who provides social work via

telehealth to a client in Kentucky, and any person located in Kentucky who

provides social work via telehealth to a client outside of Kentucky, shall:

(a) Hold a temporary permit issued under KRS 335.070;

(b) Be licensed under KRS 335.080, 335.090, or 335.100; or

(c) Be licensed to provide social work by a member state, as defined in KRS

335.135, in a jurisdiction that has enacted the Social Work Li censure

Compact.

(5) A social worker shall comply with the laws, administrative regulations, and

professional standards relating to licensing, telehealth, mandatory reporting, duty to

warn, age of consent, and other requirements for the provision of social work

services of:

(a) The Commonwealth of Kentucky;

(b) Any jurisdiction in which the social worker is located; and

(c) Any jurisdiction in which a client is located at the time the social worker

provides social work via telehealth.

(6) A person practicing social work who is employed by a federal agency, including but

not limited to the United States Department of Veterans Affairs, may provide social

work services via telehealth to clients of the federal agency regardless of the

person's or client's location, as permitted under federal law for telehealth and within

the scope of the person's employment.

(7) A person practicing social work who is located outside of the United States may

provide social work services via telehealth to clients in Kentucky, and a social

worker located in Kentucky may provide social work services via telehealth to

clients who are located outside of the United States, if the person practicing social

work:

(a) Complies with Kentucky laws and administrative regulations governing the

practice of social work and provision of social work services via telehealth;

(b) Complies with the laws and professional standards governing the practice of

social work and provision of social work services via telehealth of the foreign

country in which the social worker or client is located;

(c) Complies with all United States laws and international agreements that apply

to the provision of telehealth services; and

(d) Ensures the secure and compliant handling of client information in accordance

with applicable United States and international data protection standards, such

as the Health Insurance Portability and Accountability Act of 1996, Pub. L.

No. 104 -191, as amende d, and the General Data Protection Regulation,

Regulation (EU) 2016/679.