Counselors
An individual who provides counseling, social work, marriage, and family therapy, or substance abuse counseling via telepractice shall:
- In addition to complying with the requirements in R4-6-1101, document the limitations and risks associated with telepractice, including but not limited to the following;
- Inherent confidentiality risks of electronic communication,
- Potential for technology failure,
- Emergency procedures when the licensee is unavailable, and
- Manner of identifying the client when using electronic communication that does not involve video;
- In addition to complying with the requirements in R4-6-1103, include the following in the progress note required under R4-6-1103(H):
- Mode of the session, whether interactive audio, video, or electronic communication; and
- The physical location of the client during the session.
Source: Arizona Administrative Code R4-6-1106
Currently, "Telemedicine":
(a) Means the interactive use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
(b) Does not include the sole use of an audio-only telephone, a video-only system, a facsimile machine, instant messages, or electronic mail.
This definition will change effective January 1, 2021, per AZ Senate Bill 1089
Social Workers
An individual who provides counseling, social work, marriage and family therapy, or substance abuse counseling via telepractice shall:
- In addition to complying with the requirements in R4-6-1101, document the limitations and risks associated with telepractice, including but not limited to the following;
- Inherent confidentiality risks of electronic communication,
- Potential for technology failure,
- Emergency procedures when the licensee is unavailable, and
- Manner of identifying the client when using electronic communication that does not involve video;
- In addition to complying with the requirements in R4-6-1103, include the following in the progress note required under R4-6-1103(H):
- Mode of the session, whether interactive audio, video, or electronic communication; and
- The physical location of the client during the session.
Currently, "Telemedicine":
(a) Means the interactive use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
(b) Does not include the sole use of an audio-only telephone, a video-only system, a facsimile machine, instant messages, or electronic mail.
This definition will change effective January 1, 2021, per AZ Senate Bill 1089
Marriage and Family Therapists
An individual who provides counseling, social work, marriage, and family therapy, or substance abuse counseling via telepractice shall:
- In addition to complying with the requirements in R4-6-1101, document the limitations and risks associated with telepractice, including but not limited to the following;
- Inherent confidentiality risks of electronic communication,
- Potential for technology failure,
- Emergency procedures when the licensee is unavailable, and
- Manner of identifying the client when using electronic communication that does not involve video;
- In addition to complying with the requirements in R4-6-1103, include the following in the progress note required under R4-6-1103(H):
- Mode of the session, whether interactive audio, video, or electronic communication; and
- The physical location of the client during the session.
Currently,
"Telemedicine":
(a) Means the interactive use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
(b) Does not include the sole use of an audio-only telephone, a video-only system, a facsimile machine, instant messages, or electronic mail.
This definition will change effective January 1, 2021, per AZ Senate Bill 1089
Psychologists
Arizona enacted a bill in May 2016 to join the Psychology Interjurisdictional Compact (PSYPACT) which went into operation in April 2019. Member states include Colorado, Delaware, Georgia, Illinois, Missouri, Nebraska, Nevada, New Hampshire, Oklahoma, Texas, and Utah (As of November 2019). More states are pending approval.
Resource
Source
Psychiatrists
We are not aware of any specific rules and regulations of the practice of telemental health services for Psychiatrists
Arizona Professional Regulation/Health & Safety Online Prescribing
“Physicians are prohibited from issuing a prescription to patients without having a physical or mental health status examination to establish a provider-patient relationship.”
“The physical or mental health status examination can be conducted during a real-time telemedicine encounter unless the examination is for purpose of obtaining a written certification from the physician for medical marijuana.”
Source:
Arizona Revised Statute Sec. 32-1401(tt) (Accessed Sept. 2020).
Refer to the source provided for all requirements and limitations.
Nurses
“Arizona is a member of the Nurse Licensure Compact (NLC). The Nurse Licensure Compact allows for nurses to have one multistate license with the ability to practice in all compact states.”
32-1660. Nurse licensure compact
“A. A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse or as a licensed practical/vocational nurse, under a multistate licensure privilege, in each party state.”
“B. A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.”
“C. Each party state shall require that, in order for an applicant to obtain or retain a multistate license in the home state, the applicant meets all of the following criteria:
- Meets the home state's qualifications for licensure or renewal of licensure as well as all other applicable state laws.
- either:
(a) Has graduated or is eligible to graduate from a licensing board-approved registered nurse or licensed practical/vocational nurse prelicensure education program.
(b) Has graduated from a foreign registered nurse or licensed practical/vocational nurse prelicensure education program that both:
(i) Has been approved by the authorized accrediting body in the applicable country.
(ii) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program.
- If a graduate of a foreign prelicensure education program not taught in English or if English is not the individual's native language, Has successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening.
- Has successfully passed an NCLEX-RN® or NCLEX-PN® examination or recognized predecessor, as applicable.
- Is eligible for or holds an active, unencumbered license.
- Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints, or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.
- Has not been convicted or found guilty or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.
- Has not been convicted or found guilty or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis.
- Is not currently enrolled in an alternative program.
- Is subject to self-disclosure requirements regarding current participation in an alternative program.
- Has a valid United States social security number.”
“D. All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension or probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such an action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.”
“E. A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care but shall include all nursing practice as defined by the state practice laws of the party-state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party-state in which the client is located at the time service is provided.”
“F. Individuals not residing in a party state shall continue to be able to apply for a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. This compact does not affect the requirements established by a party state for the issuance of a single-state license.”
“G. Any nurse holding a home state multistate license on the effective date of this compact may retain and renew the multistate license issued by the nurse's then-current home state, provided that:
- A nurse who changes the nurse's primary state of residence after this Compact's effective date must meet all applicable requirements in subsection C of this article to obtain a multistate license from a new home state.
- A nurse who fails to satisfy the multistate licensure requirements in subsection C of this article due to a disqualifying event occurring after this compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission of nurse licensure compact administrators.”
Refer to the source provided for all requirements and limitations.
Arizona Professional Regulation/Health & Safety Online Prescribing
“Physicians are prohibited from issuing a prescription to patients without having a physical or mental health status examination to establish a provider-patient relationship.”
“The physical or mental health status examination can be conducted during a real-time telemedicine encounter unless the examination is for purpose of obtaining a written certification from the physician for medical marijuana.”
Source:
Arizona Revised Statute Sec. 32-1401(tt) (Accessed Sept. 2020).
Refer to the source provided for all requirements and limitations.
Medicaid Telehealth Parity Law
There is currently no explicit mention of payment parity
Medicaid Reimbursement:
In their fee for service program, Medicaid will reimburse for medically necessary services provided via live video.
Eligible Services (include):
…..
Behavioral health services 1. Diagnostic consultation and evaluation; 2. Psychotropic medication adjustment and monitoring; 3. Individual and family counseling; 4. Case management
“The same services are covered for store-and-forward, as for real-time, except for the field of Behavioral Health Services.”
(Source: Center for Connected Health Policy, State Telehealth Laws, Fall 2019 p. 32 [accessed Nov. 2019])
Private Pay Telehealth Parity Law
There is currently no explicit mention of payment parity
Effective January 1, 2021:
“All contracts issued, delivered or renewed on or after January 1, 2018, must provide coverage for health care services that are provided through telemedicine if the health care service would be covered were it provided through in‑person consultation between the subscriber and a health care provider and provided to a subscriber receiving the service in this state.”
Source: AZ Senate Bill 1089
Refer to the source provided for all requirements and limitations.
Payment Parity
There is currently no explicit mention of payment parity
Effective January 1, 2021:
“All contracts issued, delivered or renewed on or after January 1, 2018, must provide coverage for health care services that are provided through telemedicine if the health care service would be covered were it provided through in‑person consultation between the subscriber and a health care provider and provided to a subscriber receiving the service in this state.”
Source: AZ Senate Bill 1089
Refer to the source provided for all requirements and limitations.
Permission for the Temporary Practice of Clinicians Licensed Outside the State
For LPC, LCSW, LMFT and LISACs A.R.S. 32-3271(A)(2)
"2. A person who is not a resident of this state if the person:
Arizona Revised Statutes effective August 3, 2018 Page 9
(a) Performs behavioral health services in this state for not more than ninety days in any one
calendar year as prescribed by board rule.
(b) Is authorized to perform these services pursuant to the laws of the state or country in which the
person resides or pursuant to the laws of a federally recognized tribe.
(c) Informs the client of the limited nature of these services and that the person is not licensed in
this state."
For LPC, LCSW, LMFT and LISACs Arizona has a process for getting Licensed by Endorsement and a Temporary License. Resource
Social Workers
An individual who provides counseling, social work, marriage and family therapy, or substance abuse counseling via telepractice shall:
Currently, "Telemedicine":
(a) Means the interactive use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
(b) Does not include the sole use of an audio-only telephone, a video-only system, a facsimile machine, instant messages, or electronic mail.
This definition will change effective January 1, 2021, per AZ Senate Bill 1089