{"data":{"id":"us-ky/krs-335.158","jurisdiction":"us-ky","citation":"KRS 335.158","heading":"Duty of treating clinical social worker utilizing telehealth with client --","body":"Requirements for telehealth.\n(1) A social worker who provides or facilitates the use of telehealth shall:\n(a) Ensure that the informed consent of the client, or a nother appropriate person\nwith authority to make the health care treatment decision for the client, is\nobtained before services are provided through telehealth;\n(b) Ensure that the confidentiality of the client's medical information is\nmaintained as requir ed by this chapter and other applicable state and federal\nlaw. At a minimum, confidentiality shall be maintained through appropriate\nprocesses, practices, and technology that conform to applicable state and\nfederal law, including but not limited to the Hea lth Insurance Portability and\nAccountability Act of 1996, Pub. L. No. 104-191, as amended;\n(c) Ensure that telehealth services are accessible to clients with disabilities in\ncompliance with Section 508 of the Rehabilitation Act of 1973, as amended,\n29 U.S .C. sec. 794(d), Title III of the Americans with Disabilities Act, 42\nU.S.C. secs. 12181 to 12189, and all other applicable federal and state\naccessibility requirements;\n(d) Disclose to the client the potential risks to privacy and confidentiality of\ninformation due to the use of technology, including:\n1. The potential risks of disruption in the use of technology;\n2. When and how the social worker utilizes electronic messages;\n3. The circumstances in which the social worker may utilize alternative\nmodes of communication for emergency purposes, including medical,\npsychiatric, and other emergencies;\n4. The identity of anyone who may have access to client communications\nwith the social worker; and\n5. The identity of the social worker, his or her credentials, and the\njurisdiction of licensed practice;\n(e) Assess the client's current condition and needs to determine the\nappropriateness of telehealth in meeting those needs and that the client has the\nnecessary knowledge and skill to benefit from telehealth;\n(f) Adhere to the same or appropriately adapted standards of care as when\ntreatment or services are provided in person;\n(g) Not engage in fee-splitting with other telehealth providers or entities; and\n(h) Not engage in false, misleading, or deceptive advertising of telehealth\nservices.\n(2) Each time a social worker provides or facilitates services via teleh ealth, the social\nworker shall:\n(a) Make a reasonable attempt to verify the identity of the client;\n(b) Make a reasonable attempt to verify and document the physical location of the\nclient at the time services are provided;\n(c) Obtain from the client alternative means of contacting the client;\n(d) Provide information on how communication can be directed to the social\nworker;\n(e) Utilize non -public facing technology products that comply with the Health\nInsurance Portability and Accountability Act of 1996 sta ndards in 42 U.S.C.\nsecs. 1320d to 1320d -9, except when the client, after being duly informed of\nthe risks in writing or through a documented conversation, has requested to\nuse nonsecure communication methods, and the social worker has\ndocumented the clien t's request and informed consent in the client's record;\nand\n(f) Document in the client's record that a service was provided via telehealth,\nincluding any technological difficulties experienced during the provision of\nthe service and adherence to all appropriate standards of care.\n(3) When a social worker determines a client is at imminent risk of serious harm during\na telehealth encounter, the requirements of subsections (1) and (2) of this section\nmay be waived as necessary for timely and appropriate inte rvention to protect the\nclient's safety. This exception is limited to a single telehealth encounter or\nsuccessive contacts within the same crisis lasting no more than twenty -four (24)\nhours. Use of this telehealth exception and the rationale shall be docum ented in the\nclient record.\n(4) Any person located within or outside of Kentucky who provides social work via\ntelehealth to a client in Kentucky, and any person located in Kentucky who\nprovides social work via telehealth to a client outside of Kentucky, shall:\n(a) Hold a temporary permit issued under KRS 335.070;\n(b) Be licensed under KRS 335.080, 335.090, or 335.100; or\n(c) Be licensed to provide social work by a member state, as defined in KRS\n335.135, in a jurisdiction that has enacted the Social Work Li censure\nCompact.\n(5) A social worker shall comply with the laws, administrative regulations, and\nprofessional standards relating to licensing, telehealth, mandatory reporting, duty to\nwarn, age of consent, and other requirements for the provision of social  work\nservices of:\n(a) The Commonwealth of Kentucky;\n(b) Any jurisdiction in which the social worker is located; and\n(c) Any jurisdiction in which a client is located at the time the social worker\nprovides social work via telehealth.\n(6) A person practicing social work who is employed by a federal agency, including but\nnot limited to the United States Department of Veterans Affairs, may provide social\nwork services via telehealth to clients of the federal agency regardless of the\nperson's or client's location, as permitted under federal law for telehealth and within\nthe scope of the person's employment.\n(7) A person practicing social work who is located outside of the United States may\nprovide social work services via telehealth to clients in Kentucky, and a  social\nworker located in Kentucky may provide social work services via telehealth to\nclients who are located outside of the United States, if the person practicing social\nwork:\n(a) Complies with Kentucky laws and administrative regulations governing the\npractice of social work and provision of social work services via telehealth;\n(b) Complies with the laws and professional standards governing the practice of\nsocial work and provision of social work services via telehealth of the foreign\ncountry in which the social worker or client is located;\n(c) Complies with all United States laws and international agreements that apply\nto the provision of telehealth services; and\n(d) Ensures the secure and compliant handling of client information in accordance\nwith applicable United States and international data protection standards, such\nas the Health Insurance Portability and Accountability Act of 1996, Pub. L.\nNo. 104 -191, as amende d, and the General Data Protection Regulation,\nRegulation (EU) 2016/679.","path":["KRS Chapter 335"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57519","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:24Z","sha256":"2020bc7ce69a2e560abfa552f30ae4a9c5e51be5d132a53d9b457a7f4ca5fdcd","source_id":"us-ky","stale":false,"prev":"us-ky/krs-335.155","next":"us-ky/krs-335.160"},"notice":"GroundRules: Original legal text. Not legal advice."}