Counselors

Source

Wyoming Mental Health Professions Licensing Board

Rules and Regulations have been adopted by the Board and filed with the Secretary of State's Office effective December 16, 2020.

AMERICAN COUNSELING ASSOCIATION CODE OF ETHICS

Section H Distance Counseling, Technology, and Social Media

"Counselors understand that the profession of counseling may no longer be limited to in-person, face-to-face interactions. Counselors actively attempt to understand the evolving nature of the profession with regard to distance counseling, technology, and social media and how such resources may be used to better serve their clients. Counselors strive to become knowledgeable about these resources. Counselors understand the additional concerns related to the use of distance counseling, technology, and social media and make every attempt to protect confidentiality and meet any legal and ethical requirements for the use of such resources.

H.1. Knowledge and Legal Considerations

H.1.a. Knowledge and Competency

Counselors who engage in the use of distance counseling, technology, and/ or social media develop knowledge and

skills regarding related technical, ethical, and legal considerations (e.g., special certifications, additional course work).

H.1.b. Laws and Statutes

Counselors who engage in the use of distance counseling, technology, and social media within their counseling practice understand that they may be subject to laws and regulations of both the counselor’s practicing location and the client’s place of residence. Counselors ensure that their clients are aware of pertinent legal rights and limitations governing the practice of counseling across state lines or international boundaries.

H.2. Informed Consent and Security

H.2.a. Informed Consent and Disclosure

Clients have the freedom to choose whether to use distance counseling, social media, and/or technology within the counseling process. In addition to the usual and customary protocol of informed consent between counselor and client for face-to-face counseling, the following issues, unique to the use of distance counseling, technology, and/ or social media, are addressed in the informed consent process:

• distance counseling credentials, physical location of practice, and contact information;
• risks and benefits of engaging in the use of distance counseling, technology, and/or social media;
• possibility of technology failure and alternate methods of service delivery;
• anticipated response time;
• emergency procedures to follow when the counselor is not available;
• time zone differences;
• cultural and/or language differences that may affect delivery of services;
• possible denial of insurance benefits; and
• social media policy.

H.2.b. Confidentiality Maintained by the Counselor

Counselors acknowledge the limitations of maintaining the confidentiality of electronic records and transmissions.

They inform clients that individuals might have authorized or unauthorized access to such records or transmissions

(e.g., colleagues, supervisors, employees, information technologists).

H.2.c. Acknowledgment of Limitations

Counselors inform clients about the inherent limits of confidentiality when using technology. Counselors urge

clients to be aware of authorized and/or unauthorized access to information disclosed using this medium in the

counseling process.

H.2.d. Security

Counselors use current encryption standards within their websites and/or technology-based communications that meet applicable legal requirements. Counselors take reasonable precautions to ensure the confidentiality of information transmitted through any electronic means.

H.3. Client Verification

Counselors who engage in the use of distance counseling, technology, and/or social media to interact with clients

take steps to verify the client’s identity at the beginning and throughout the therapeutic process. Verification can

include, but is not limited to, using code words, numbers, graphics, or other nondescript identifiers.

H.4. Distance Counseling Relationship

H.4.a. Benefits and Limitations

Counselors inform clients of the benefits and limitations of using technology applications in the provision of counseling services. Such technologies include, but are not limited to, computer hardware and/or software, telephones and applications, social media and Internet-based applications and other audio and/or video communication, or data storage devices or media.

H.4.b. Professional Boundaries in Distance Counseling

Counselors understand the necessity of maintaining a professional relationship with their clients. Counselors discuss  and establish professional boundaries with clients regarding the appropriate use and/or application of technology and the limitations of its use within the counseling relationship (e.g., lack of confidentiality, times when not appropriate to use).

H.4.c. Technology-Assisted Services

When providing technology-assisted services, counselors make reasonable efforts to determine that clients are intellectually, emotionally, physically, linguistically, and functionally capable of using the application and that the application is appropriate for the needs of the client. Counselors verify that clients understand the purpose and operation of technology applications and follow up with clients to correct possible misconceptions, discover appropriate use, and assess subsequent steps.

H.4.d. Effectiveness of Services

When distance counseling services are deemed ineffective by the counselor or client, counselors consider delivering

services face-to-face. If the counselor is not able to provide face-to-face services (e.g., lives in another state), the counselor assists the client in identifying appropriate services."

Social Workers

Source

Wyoming Mental Health Professions Licensing Board

Rules and Regulations have been adopted by the Board and filed with the Secretary of State's Office effective December 16, 2020

NATIONAL ASSOCIATION OF SOCIAL WORKERS CODE OF ETHICS 

1. Social Workers' Ethical Responsibilities to Clients

1.03 Informed Consent

"(e) Social workers should discuss with clients the social workers’ policies concerning the use of technology in

the provision of professional services.

(f) Social workers who use technology to provide social work services should obtain informed consent from

the individuals using these services during the initial screening or interview and prior to initiating services.

Social workers should assess clients’ capacity to provide informed consent and, when using technology to

communicate, verify the identity and location of clients.

(g) Social workers who use technology to provide social work services should assess the clients’ suitability and

capacity for electronic and remote services. Social workers should consider the clients’ intellectual, emotional,

and physical ability to use technology to receive services and the clients’ ability to understand the potential

benefits, risks, and limitations of such services. If clients do not wish to use services provided through

technology, social workers should help them identify alternate methods of service.

(h) Social workers should obtain clients’ informed consent before making audio or video recordings of clients

or permitting observation of service provision by a third party.

(i) Social workers should obtain client consent before conducting an electronic search on the client. Exceptions

may arise when the search is for purposes of protecting the client or other people from serious, foreseeable,

and imminent harm, or for other compelling professional reasons."

Marriage and Family Therapists

Wyoming Mental Health Professions Licensing Board

Rules and Regulations have been adopted by the Board and filed with the Secretary of State's Office effective December 16, 2020

Source

AMERICAN ASSOCIATION FOR MARRIAGE AND FAMILY THERAPY CODE OF ETHICS

Wyoming Mental Health Professions Licensing Board

Rules and Regulations have been adopted by the Board and filed with the Secretary of State's Office effective December 16, 2020

STANDARD VI

TECHNOLOGY-ASSISTED PROFESSIONAL SERVICES

"6.1 Technology Assisted Services. Prior to commencing therapy or supervision services through electronic means (including

but not limited to phone and Internet), marriage and family therapists ensure that they are compliant with all relevant laws

for the delivery of such services. Additionally, marriage and family therapists must: (a) determine that technologically-

assisted services or supervision are appropriate for clients or supervisees, considering professional, intellectual, emotional, and physical needs; (b) inform clients or supervisees of the potential risks and benefits associated with technologically-assisted services; (c) ensure the security of their communication medium; and (d) only commence electronic therapy or supervision after appropriate education, training, or supervised experience using the relevant technology.

6.2 Consent to Treat or Supervise. Clients and supervisees, whether contracting for services as individuals, dyads, families,

or groups, must be made aware of the risks and responsibilities associated with technology-assisted services. Therapists are to advise clients and supervisees in writing of these risks, and of both the therapist’s and clients’/supervisees’ responsibilities for minimizing such risks.

6.3 Confidentiality and Professional Responsibilities. It is the therapist’s or supervisor’s responsibility to choose

technological platforms that adhere to standards of best practices related to confidentiality and quality of services, and that

meet applicable laws. Clients and supervisees are to be made aware in writing of the limitations and protections offered by the therapist’s or supervisor’s technology.

6.4 Technology and Documentation. Therapists and supervisors are to ensure that all documentation containing identifying

or otherwise sensitive information which is electronically stored and/or transferred is done using technology that adhere

to standards of best practices related to confidentiality and quality of services, and that meet applicable laws. Clients and

supervisees are to be made aware in writing of the limitations and protections offered by the therapist’s or supervisor’s

technology.

6.5 Location of Services and Practice. Therapists and supervisors follow all applicable laws regarding location of practice and

services, and do not use technologically-assisted means for practicing outside of their allowed jurisdictions.

6.6 Training and Use of Current Technology. Marriage and family therapists ensure that they are well trained and competent

in the use of all chosen technology-assisted professional services. Careful choices of audio, video, and other options are made

in order to optimize quality and security of services, and to adhere to standards of best practices for technology-assisted

services. Furthermore, such choices of technology are to be suitably advanced and current so as to best serve the professional needs of clients and supervisees."

Psychologists

We are not aware of any specific rules and regulations of the practice of telemental health services for Psychologists.

Psychiatrists

We are not aware of any specific rules and regulations of the practice of telemental health services for Psychiatrists.

Wyoming Professional Regulation/Health & Safety Online Prescribing

No References found.

Nurses

“As a party state to the Nurse Licensure Compact (NLC), Wyoming issues multistate licenses to nurses and applicants who reside in the state and recognizes multistate licenses issued by other party states, for practice in Wyoming. A nurse holding a multistate license is entitled to practice in any NLC party state, but must comply at all times with the laws of the state where he or she is currently practicing.”

“It should be noted that not every state in the US is an NLC party state; a map of participating states, as well as further resources related to the NLC, are available on the Nurse Licensure Compact website.”

Refer to the source provided for all requirements and limitations.

Wyoming Professional Regulation/Health & Safety Online Prescribing

No References found.

Medicaid Telehealth Parity Law

Source: WY Dept. of Public Health Insurance, Medicaid, CMS 1500 ICD-10, p. 111-110 (July. 1 2019)

"Each site will be able to bill for their own services as long as they are an enrolled Medicaid provider (this includes out-of-state Medicaid providers). Providers shall not bill for both the spoke and hub site. Any telehealth provider such as Community Mental Health Centers and Substance Abuse Treatment Centers can bill telehealth services where the provider is at one location and the client is at a different location even though the pay to provider is the same. A single pay to provider can bill both the originating site (spoke site) and the distant site provider (hub site) when applicable."

Approved Originating Sites includes: Client’s Home (Telehealth consent form must be completed and kept in the client’s medical records)

Refer to the source provided for all requirements and limitations.

Private Pay Telehealth Parity Law

We are not aware of any parity law.

 

Payment Parity

We are not aware of any explicit payment parity.

*Clinicians who have had an experience with telehealth reimbursement in this state are invited to share their experiences in the comments section below: a) type of service provided; b) insurance provider; c) payment parity, payment issues, or insurance requirements. 

Permission for the Temporary Practice of Clinicians Licensed Outside the State

We are not aware of any permission that allows for services delivered by out-of-state providers.