Minnesota
We are not aware of any specific rules and regulations of the practice of telemental health services for Counselors. We are not aware of any specific rules and regulations of the practice of telemental health services for Social Workers. We are not aware of any specific rules and regulations of the practice of telemental health services for MFTs. Minnesota is a PSYPACT PARTICIPATING STATE- MN SB 193 (Enacted 5/25/2021) “To practice telepsychology under the authority of PSYPACT, you will need to apply for and obtain an E.Passport from the Association of State and Provincial Psychology Boards (ASPPB) and apply for and obtain an Authority to Practice Interjurisdictional Telepsychology (APIT) from the PSYPACT Commission.” Refer to the source provided for all requirements and limitations. 147.032 INTERSTATE PRACTICE OF TELEMEDICINE. “ Subdivision 1. Requirements; registration. (a) A physician not licensed to practice medicine in this state may provide medical services to a patient located in this state through interstate telemedicine if the following conditions are met: (1) the physician is licensed without restriction to practice medicine in the state from which the physician provides telemedicine services; (2) the physician has not had a license to practice medicine revoked or restricted in any state or jurisdiction; (3) the physician does not open an office in this state, does not meet with patients in this state, and does not receive calls in this state from patients; and (4) the physician annually registers with the board, on a form provided by the board. (b) To register with the board, a physician must: (1) state the physician's intention to provide interstate telemedicine services in this state; (2) provide complete information on: (i) all states and jurisdictions in which the physician is currently licensed; (ii) any states or jurisdictions in which the physician was previously licensed; (iii) any negative licensing actions taken previously against the physician in any state or jurisdiction; and (iv) other information requested by the board; and (3) pay a registration fee of $75 annually and an initial application fee of $100. (c) A physician registered to provide interstate telemedicine services under this section must immediately notify the board of restrictions placed on the physician's license to practice in any state or jurisdiction. (d) In registering to provide interstate telemedicine services to state residents under this section, a physician agrees to be subject to state laws, the state judicial system, and the board with respect to providing medical services to state residents. (e) For the purposes of this section, telemedicine means the practice of medicine as defined in section 147.081, subdivision 3, when the physician is not in the physical presence of the patient. Subd. 2. Exemptions from registration. A physician who is not licensed to practice medicine in this state, but who holds a valid license to practice medicine in another state or jurisdiction, and who provides interstate telemedicine services to a patient located in this state is not subject to the registration requirement of subdivision 1, paragraph (a), clause (4) if: (1) the services are provided in response to an emergency medical condition. For the purposes of this section, an emergency medical condition means a condition, including emergency labor and delivery, that manifests itself by acute symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any body organ or part; Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1 MINNESOTA STATUTES 2019 147.032 (2) the services are provided on an irregular or infrequent basis. For the purposes of this section, a person provides services on an irregular or infrequent basis if the person provides the services less than once a month or provides the services to fewer than ten patients annually; or (3) the physician provides interstate telemedicine services in this state in consultation with a physician licensed in this state and the Minnesota physician retains ultimate authority over the diagnosis and care of the patient. Subd. 3. Notification to other states. The board shall obtain confirmation of licensure from all states and jurisdictions in which a physician registered under subdivision 1 has ever been licensed to verify statements made by the physician and to be notified if any future adverse action is taken against the physician's license in another state or jurisdiction. This requirement does not replace the reporting obligation under section 147.111. Subd. 4. Health records. A physician who provides interstate telemedicine services to a patient located in this state must comply with sections 144.291 to 144.298 with respect to the provision of those services.” Refer to the source provided for all requirements and limitations. “A physician-patient relationship may be established through telemedicine” “A prescription or drug order is not valid unless it can be established that the prescription or order was based on a documented patient evaluation, including an examination, adequate to establish a diagnosis and identify underlying conditions and contraindications to treatment.” “The requirement for an examination shall be met if the referring practitioner has performed an examination in the case of a consultant practitioner issuing a prescription or drug order when providing services by means of telemedicine.” Refer to the source provided for all requirements and limitations. “The Minnesota Board of Nursing considers nursing practice as occurring in the state in which the client is located at the time nursing care is provided. If a nurse from another state is providing nursing care by telephone or other electronic means to a client located in Minnesota, the nurse must be licensed to practice nursing in Minnesota.” “If a nurse in Minnesota is providing nursing care to a client located outside of Minnesota, the Board suggests the nurse contact the agency which regulates nursing in that jurisdiction to determine whether the nurse is required to obtain a license to practice nursing in the jurisdiction where the client is located. Contact information for other Boards of Nursing may be accessed at: www.ncsbn.org.” “The National Council of State Boards of Nursing (NCSBN) is assisting nursing boards to implement a model of mutual recognition of nurse licensure. This activity was initiated in part in response to the advent of telenursing. Information regarding the multistate nurse licensure compact may be viewed at the NCSBNs website: www.ncsbn.org.” “See the definitions of professional and practical nursing in the Nurse Practice Act, Minnesota Statutes, section 148.171, subdivisions 14 and 15 (2004). The Nurse Practice Act may be accessed on the Board’s website.” Developed 2000 Reviewed 2006; 2010 Refer to the source provided for all requirements and limitations. “A physician-patient relationship may be established through telemedicine” “A prescription or drug order is not valid unless it can be established that the prescription or order was based on a documented patient evaluation, including an examination, adequate to establish a diagnosis and identify underlying conditions and contraindications to treatment.” “The requirement for an examination shall be met if the referring practitioner has performed an examination in the case of a consultant practitioner issuing a prescription or drug order when providing services by means of telemedicine.” Refer to the source provided for all requirements and limitations. Source: MN Statute Sec. 256B.0625, Subd. 46 "Subd. 3b.Telemedicine services. (a) Medical assistance covers medically necessary services and consultations delivered by a licensed health care provider via telemedicine in the same manner as if the service or consultation was delivered in person. Coverage is limited to three telemedicine services per enrollee per calendar week, except as provided in paragraph (f). Telemedicine services shall be paid at the full allowable rate." Refer to the source provided for all requirements and limitations. Originating Site Reimbursement. See for details: MN Dept. of Human Services, Provider Manual, Physician and Professional Services, As revised Dec. 6, 2018 Yes Source: MN Statute Sec. 62A.672 Refer to the source provided for all requirements and limitations. Yes Source: MN Statute Sec. 62A.672(b)(3) Refer to the source provided for all requirements and limitations. We are not aware of any permission that allows for services delivered by out-of-state providers. Counselors
Social Workers
Marriage and Family Therapists
Psychologists
Psychiatrists
Minnesota Professional Regulation/Health & Safety Online Prescribing
Nurses
Minnesota Professional Regulation/Health & Safety Online Prescribing
Medicaid Telehealth Parity Law
Private Pay Telehealth Parity Law
Payment Parity
Permission for the Temporary Practice of Clinicians Licensed Outside the State
Note: As this is a free resource and Rules and Regulations regarding Telehealth are always changing, we appreciate any updates or corrections. They can be emailed to us at [email protected] with a link to the source or a citation of the rule or regulation.
Telemental health is not a separate service from mental health services. All state licensing boards require that licensed clinicians follow all the regulations for practicing under their license no matter what medium of communication is used. All licensing boards also require that clinicians only practice within the boundaries of their competence. This usually requires education, continuing education, and/or supervision in telemental health. Complete our telehealth training program to cover all the essential competencies of providing telemental health services and earn the THTC (Telemental Health Training Certificate).