Seeing Patients Not in Massachusetts

The location of the patient at the time of service matters! Legally, not only do you have to be licensed/legal in your state of practice (though MA professionals don't need to be physically in MA at time of service), you must also be legal to practice in the place the patient is, at the moment of the session.

• Colorado - (Mar 26) - You may practice for 20 days per calendar year: “The provisions of this article 245 shall not apply to:… (e) A person who resides in another state and who is currently licensed or certified as a psychologist, marriage and family therapist, clinical social worker, professional counselor, or addiction counselor in that state to the extent that the licensed or certified person performs activities or services in this state, if the activities and services are:(I) Performed within the scope of the person's license or certification;(II) Do not exceed twenty days per year in this state;(III) Are not otherwise in violation of this article 245; and (IV) Disclosed to the public that the person is not licensed or certified in this state…” Statute here

• Connecticut - (Mar 20) - Regulations in flux, likely telehealth that meets CT state standards is allowed across state lines: Text of email from the CT Department of Public Health: As you can imagine, due to the current situation, there are many issues that need to be addressed including licensing requirements for all of the professions licensed by the Department. You should do what is prudent based on the current circumstances. Governor Lamont’s declaration of a public health emergency allows for waivers of laws and regulations, but those waivers all must go through a process since we are essentially changing or suspending law. The state is currently in that process, but it hasn't happened yet.Please select the following link for the Connecticut General Statutes as they relate to teletherapy in Connecticut: https://www.cga.ct.gov/current/PUB/chap_368ll.htm#sec_19a-906

• Florida - (Mar 17) - Temporary authorization, 20 calendar days: (Per phone call to the FL Board of SW, MFT, & MHC, Mar 17, Vanessa Layne): Out-of-state licensed LMHCs, LMFTs, and SWs may practice remotely in FL, without registration with the state of FL, for a maximum of 20 calendar days a year. Permanent authorization, unlimited: Out-of-state licensed health practitioners, of all licenses, may practice remotely in FL, if they register with the state of FL; requires retaining a Registered Agent in FL, and getting your (Massachusetts) board to complete the official Verification of License letter. Form with instructions here.

• Maine - (Apr 28) - Emergency License Reciprocity - An executive order from Gov. Mills allows temporary emergency licenses for professionals licensed in other states. Find the application and instructions here

• Michigan - (Mar 17) - Emergency Exemption: The Michigan Bureau of Professional Licensing has issued an Clarification stating that emergency exemption of licensure requirements applies to the current situation:
  “Michigan law provides:
  MCL 333.16171 Under the circumstances and subject to the limitations stated in each case, the following individuals are not required to have a license issued under this article for practice of a health profession in this state:
  c) An individual who by education, training, or experience substantially meets the requirements of this article for licensure while rendering medical care in a time of disaster or to an ill or injured individual at the scene of an emergency.Situations that fall under MCL 333.16171 are exempt and therefore those individuals that meet the criteria for this exception are not required to have a license issued under Article 15 for practice of a health profession in this state. This provision does not require an individual apply for or be granted an exemption by the Department.” Find the full text here

• Minnesota - (Mar 23) - You may practice telehealth with clients in MN for up to 30 days per calendar year Scroll down for announcement

• Missouri - (Mar 23) - You may practice telehealth with clients in MO for the duration of the coronavirus situation: Missouri is temporarily waiving the statute requiring licensure in MO for telehealth. Announcement here

• New Hampshire - (Mar 25) - UPDATE - Emergency order allows out of state providers to become temporarily licensed in NH at no cost and to practice in person or telehealth in NH: You must submit an application to OPLCLicensing@oplc.nh.gov and they will issue a temporary license. Application hereEmergency order here

• New Jersey - (Mar 23) - You may practice telehealth with a client located in NJ for the duration of the coronavirus state of emergency IF you have a preexisting provider-patient relationship: You will need to submit a one page form to receive temporary license reciprocity. Announcement hereForm for reciprocity hereFind the statute here

• New York - (Apr 28) - New executive order waives licensing for professionals who are legally licensed in other states through May 16: “I hereby temporarily suspend or modify, for the period from the date of this Executive Order through May 16, 2020 the following: … Section 6502 of the Education Law and 8 NYCRR 59.8, to the extent necessary to allow … licensed clinical social workers, licensed master social workers, … mental health counselors, marriage and family therapists, creative arts therapists, psychoanalysts and psychologists who have an unencumbered license and are currently in good standing in New York State but not registered in New York State to practice in New York State without civil or criminal penalty related to lack of registration…”. Full text of the original order, 202.18 (effective until May 16, 2020) here, Order 202.27, extension until June 4, 2020, Order 202.39, extension through July 7, 2020, Order 202.49, extension through August 6, 2020

• North Carolina - (Mar 21) - Exemption for 30 days per calendar year: “§ 90-332.1. Exemptions from licensure.(a) It is not the intent of this Article to regulate members of other regulated professions who do counseling in the normal course of the practice of their profession. Accordingly, this Article does not apply to:…(6) Any nonresident temporarily employed in this State to render counseling services for not more than 30 days in a year, if the person holds a license or certificate required for counselors in another state.” Find the distance counseling policy hereFind the statute here

• Ohio - (Mar 13) - Temporary license via email application - For extant patients only, to May 1, 2020: “Under Ohio Administrative Code Rule 4757-1-09, with the permission of the CSWMFT Board, Counselors, Social Workers, and MFTs holding a license to practice in another state may provide teletherapy services to existing clients temporarily located in Ohio. Out of state licensee will be considered in compliance with Rule 4757-1-09 if they contact the Board via an email application. The email application should: 1). Indicate their intention to provide services to a client (do not disclose the client name) temporarily located in Ohio in response to COVID-19; 2). Include the license type and license number of the out of state license; 3). Confirm the licensee has training and experience in providing teletherapy or will have access to appropriate supervision and peer consultation. Submit the e-mail application to Tiffany Couts, Renewal Coordinator, at renewal @cswb.ohio.gov. Upon receipt of the e-mail application, the Board will acknowledge receipt of the e-mail. The licensee may then begin providing teletherapy services.” Full text: "RE: Providing Services to Existing Clients Temporarily Located in Ohio" PDF

• Pennsylvania - (Mar 16) - No regulations on telehealth: Text of email from the PA State Board of Social Workers, Marriage and Family Therapists and Professional Counselors: “The Board does not currently have regulations on teletherapy. However, the Board does require licensure when providing services in the State of Pennsylvania. If the person is physically located outside of the state at the time the services are being rendered, you would need to contact the state where the individual is located. You can also check with your national association (ACA) as the Board does adopt the code of ethics and practice standards of those organizations and they may address teletherapy. If you have any questions or need to discuss further, please contact Board counsel at 717-783-7200.” Note: Voicemail left at number for Board counsel has not been returned. Further Clarification: Governor Wolf also granted the department's request for a suspension to allow licensed practitioners in other states to provide services to Pennsylvanians via the use of telemedicine, without obtaining a Pennsylvania license, for the duration of the emergency. Out-of-state practitioners must:
  
  • be licensed and in good standing in their home state, territory or country.
  • provide the Pennsylvania board from whom they would normally seek licensure with the following information prior to practicing telemedicine with Pennsylvanians:
    • their full name, home or work mailing address, telephone number and email address; and
    • their license type, license number or other identifying information that is unique to that practitioner's license, and the state or other governmental body that issued the license.
      Please submit the information requested above to the appropriate board resource account listed on the BPOA website.“
      Announcement herePA Board

• Vermont - (Mar 20) - Online registration for temporary license - from Kirk McVay at AMHCA: “The state of Vermont has just issued an emergency order for all healthcare workers, including counselors who can now apply online for a temporary license to practice in Vermont. This means if your client has been forced to suddenly relocate back home to Vermont, you can continue to see them legally through telehealth by going to the Office of Professional Regulation and apply online for a temporary license.” (Via Vanessa Layne)

EBG Law Telemental Health App is free and contains laws organized by state and discipline. They are starting to update the main page with emergency orders put in place during the coronavirus pandemic but these aren't listed in each state's profile. Find it here