Telehealth Changes: Regulatory and Licensing Changes

Kansas Chapter Advocacy Efforts

During the pandemic, Kansas Chapter is working hard to ensure that you can provide services through Telehealth. These include:

  • Telehealth services count in the training plan toward LSCSW licensure.

  • LSCSW supervision provided through Telehealth services.

  • Audio only services counted for licensure.

State by State Guide on Telehealth

Collated by Penn State University and the University of Texas at Austin, the below link is a central resource with up-to-date information on the status of rules/laws in all 50 states plus the District of Columbia for marriage and family therapists, professional counselors, psychiatrists, psychologists, and social workers. The information provided is intended to be a living document that will be updated as different states update their rules/laws. Please check back regularly so that you are using the most recent information.

Access the guide here

Regulatory and Licensing Provisions

The Association of Social Work Boards (ASWB) the membership association for state social work licensing authorities has created a page where you can check on teletherapy in your state as well as license exemptions and temporary license requirements applicable during a declared state of emergency.  Check here

Kansas Behavioral Sciences Regulatory Board

  • Kansas Chapter is advocating with BSRB for client contact via teletherapy to be used toward the accrual of direct client contact hours when working toward the clinical level of licensure. 

Kansas Telemedicine Act 

The Kansas Legislature passed the Kansas Telemedicine Act, which is effective Jan. 1, 2019. The Act brings provider use and consumer/patient-initiated use of these services together under one definition:

The Act states telemedicine shall be provided by means of real-time two-way interactive audio, visual, or audio-visual communications, including the application of secure video conferencing.

  • Under the Act - Telemedicine does not include communication between:

    1. A healthcare provider that consists solely of a telephone voice-only conversation, email, or facsimile transmission.

    2. A physician and a patient that consists solely of an email or facsimile transmission. 

  • Kansas requires any individual treating a client in-state to have a license to practice in Kansas

  • Legal considerations for Telehealth

Per Kansas requirements, if the client is physically located in Kansas when services are being provided, the licensed provider must be licensed in the State of Kansas. Kansas does have the option of a temporary permit for those who hold an independent license in another state. Links have been provided below for each profession’s temporary out of state permit application.

If the client is physically located in another state when services are being provided, the licensee must contact the state board where the client is located to determine licensure and telemental health requirements.

Social Worker Disclosure Requirements

Interstate Telehealth Services

The licensing board for a state has jurisdiction when a client is physically in their state, so that state’s board decides if you are in compliance with their laws and rules when you work with someone who is inside their borders. Quite a few licensing boards have provisions for licensees of other states to practice temporarily with clients in their state. It is imperative to check the social work licensure rules in the state within which a potential client resides to determine if you are eligible to practice temporarily.