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Although most of the new California teletherapy law is essentially the same as those in other states, the California law is getting lots of attention. California was the first state to codify telehealth practices 25 years ago. The new version provides more guidance for clinicians and their employers than any other state to date. The state’s updated laws are relevant to clinicians everywhere because they are based on telehealth best practices and published competencies.1 Knowing about California teletherapy laws out of state is also essential for California therapists serving people in other states. Understanding California laws including California telemedicine laws will go a long way to meeting telehealth legal requirements regardless of where, or what you practice.
Is It Better for Clinicians to Have Their State Remain Mute about Telehealth Laws?
In a word, no. There’s no room for guesswork when struggling with a client in the throes of a complex situation. Clinicians working in states that haven’t published telehealth requirements are left to guess how to proceed in some of the most litigation-prone areas of telehealth, such as the following:
- The proper administration of telehealth informed consent
- Ensuring that clients are geographically in a state where the clinician is licensed
- Duty to warn and other mandated reporting
- Managing active suicide attempts and other high-profile, complex clients
- Protecting patient privacy in a world where most providers are out of their element.
The wise clinician will want to take the lead offered by California to include this and several other basic but essential legal protections.
The article below summarizes some new California teletherapy laws and briefly mentions California telemedicine laws to help you get started.2
Gold Standard: In-Person Care
The gold…
