12-15-08 Licensing Board Comments

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12-15-08 Licensing Board Comments Powered By Docstoc
					      State               Email Sent To         Date                                Response
Alabama         Florence.Hemphill@abec.alabam 8/8/2008 asked me to call her
              1     ####### Working on certification. They are working on a certification
                                                       for distance learning, but you will
                                                       have to be licensed. It will be something like: is licensed as a
                                                       professional counselor or is a licensed physician, licensed
                                                       advanced nurse practitioner who is certified to provide
                                                       psychiatric or mental health services, licensed clinical social
                                                       worker, licensed marital and family therapist, licensed
                                                       psychologist, or licensed psychological associate
Arizona       8/8/2008 If you are providing psychotherapy services in the state of
                                                       Arizona you must
                                                       be licensed by this board. You may find the requirements for
                                                       licensure on
                                                       our website, and by clicking on the
                                                       Rules & Laws link,
                                                       then Rules. Counseling appears in Article 5.

                                                           Pamela Osborn
                                                           Administrative Services Officer
                                                           Board of Behavioral Health Examiners
                                                           3443 N. Central Avenue, Suite 1700
                                                           Phoenix, AZ 85012

                                                           Phone: 602-542-1864
                                                           Fax: 602-364-0890
Arkansas              ####### You must be licensed in the state of Arkansas as a
                                                          Professional Counselor or Marriage Family Therapist and be
                                                          approved by our Board as a Supervisor and also approved for
                                                          the Technology-assisted Supervision Specialization.

                                                           Carla Horne
                                                           Arkansas Board of Examiners in Counseling
                                                           P.O. Box 70
                                                           Magnolia, AR 71754
                                                           870-901-7055 (ph)
                                                           870-234-1842 (fax)

California           8/5/2008 You have to be licensed in CA to offer phone therapy to CA
Colorado      8/8/2008
Connecticut   ####### In order to perform or offer any therapy in Connecticut, you will
                                            need to hold a license to practice in Connecticut through the
                                            Connecticut Department of Public Health. Please review the
                                            following link and contact the agency directly for further
                                            guidance. http://www.ct-

                                             Department of Public Health
                                             Address: 410 Capitol Avenue

                                             Hartford, CT 06134
                                             Phone: 860 509 8000
Delaware     ####### Delaware has no requirements that specifically address the
                                                       provisioning of therapy via phone. I would suggest that you
                                                       review the Board’s License Law and Rules and Regulations for
                                                       additional information regarding the licensure process in
                                                       Delaware, specifically section 3015.
                                                       l Any questions regarding the License Law and Regulations
                                                       would need to be addressed by a Delaware attorney as I
                                                       cannot provide legal advice.
District of         8/8/2008
Florida   ####### An individual that practices mental health counseling in the
                                                       State of
                                                       Florida, whether in person, by telephone, or computer is
                                                       required to be
                                                       licensed as a mental health counselor in Florida. The practice
                                                       mental health counseling is defined in Section 491.003(9),
                                                       Statutes, and may be accessed through our Web site at

                                                          Robin McKenzie
                                                          Program Operations Administrator
                                                          Board of Clinical Social Work, Marriage & Family Therapy, and
                                                          Health Counseling
                                                          Department of Health
                                                          Phone: 850-245-4461 Fax: 850-412-2702
Georgia      9/5/2008 Feedback from the Georgia Board is that you must first be sure
                                               that you can provide distance counseling according to Oregon
                                               law. You may also want to check with the Amercian
                                               Counseling Association ( for additional

                                                The National Board for Certified Counselors
                                                ( suggests the following:

                                                Legal Considerations, Licensure, and Certification
                                                Internet counselors review pertinent legal and ethical codes for
                                                guidance on the practice of Internet counseling and

                                                Local, state, provincial, and national statutes as well as codes
                                                of professional membership organizations, professional
                                                certifying bodies, and state or provincial licensing boards need
                                                to be reviewed. Also, as varying state rules and opinions exist
                                                on questions pertaining to whether Internet counseling takes
                                                place in the Internet counselor's location or the Internet client's
                                                location, it is important to review codes in the counselor's home
                                                jurisdiction as well as the client's. Internet counselors also
                                                consider carefully local customs regarding age of consent and
                                                child abuse reporting, and liability insurance policies need to be
                                                reviewed to determine if the practice of Internet counseling is a
                                                covered activity.
                                                The Internet counselor's Web site provides links to websites of
                                                all appropriate certification bodies and licensure boards to
                                                facilitate consumer protection.

                                                You certainly raise an interesting question, about which there is
                                                little direction.

Hawaii   8/8/2008 Our law is silent on this matter.
Idaho       ####### Idaho laws and rules do
                                                 not distinguish between counseling provided electronically and
                                                 counseling provided in one's office. Therefore all requirements
                                                 would apply to your situation. This means that in order to
                                                 provide counseling to someone in Idaho you would need to be
                                                 licensed in Idaho.

                                                   If you do not wish to obtain an Idaho license you could include
                                                   in your advertising that you can not provide services to those
                                                   residing in Idaho.

                                                   Idaho law and the codes of ethics also require that you be
                                                   appropriately trained in the modality of counseling you are
                                                   providing. Consequently I would urge you to insure that you
                                                   have studied the unique circumstances that arise in distance
                                                   counseling and insure that your efforts are consistent with
                                                   maintaining confidentiality and high standards of care.

                                                   Roberta Crockett, M.A., LMFT, Chair
                                                   Idaho State Licensing Board of Professional Counselors &
                                                   Marriage and Family Therapists
                                                   Phone: (208) 345-1022

Illinois   8/8/2008
Indiana               8/8/2008 We do not have any laws regarding telephone therapy.
                                                  However, the Board strongly believes that any therapist
                                                  providing services to any citizen within the State of Indiana
                                                  should hold an Indiana license.
Iowa     ####### Iowa administrative code Chapter 645--31.18 requires that
                                                  marital and
                                                  family therapy and mental health counselor services provided
                                                  to an
                                                  individual in this state through telephonic, electronic, or other
                                                  regardless of the location of the marital and family therapist
                                                  and the
                                                  mental health counselor, shall constitute the practice of marital
                                                  family therapy and mental health counseling and shall be
                                                  subject to
                                                  regulation in Iowa.

                                                   You can review the requirements for licensure and download
                                                   application from the board's web site,
Kansas    ####### Must be licensed to provide phone counseling to residents in
                                                          the state:
Kentucky             8/8/2008 If you are providing counseling in Kentucky by whatever means
                                                          you must meet the requirements for, and be licensed, in
                                                          Kentucky. Information relating to the requirements for
                                                          licensure and the applications are on-line at

                                                          Carolyn B. Kyler
                                                          Board Administrator
                                                          Division of Occupations and Professions
                                                          911 Leawood Drive (Overnight delivery)
                                                          P.O. Box 1360 (Regular mail delivery)
                                                          Frankfort, Kentucky 40602
                                                          502-564-3296 Ext. 239
                                                          502-696-5230 Fax
Lousiana               ####### To do counseling in Louisiana you must be licensed in
                                                          Louisiana. (response was from Eddye)
Maine        8/8/2008
Maryland        8/8/2008 We do not accept phone therapy.

                                                          Anna Sullivan
                                                          DHMH Board Professional Counselors & Therapists
                                                          Administrative Officer
                                                          410 - 764-4735
Massachusetts         8/8/2008
Michigan        pbell@michigan.go (Perry Bell)   9/5/2008 You would need to be licensed in Michigan.
Minnesota           9/5/2008 Must be licensed in the state. Minnesota licensing boards do
                                                          have jurisdiction over persons from other sttes performing
                                                          telephone or internet therapy to persons in Minnesota, but it
                                                          depends on how the person represents themselves and what
                                                          they purport to be doing. If they identify themselves as
                                                          licensees from other states, or engage in activities that are
                                                          clearly within the scope of practice of a particular licensed
                                                          profession, then the appropriate
                                                          board could pursue them for unlicensed practice.
                                                          Licensing boards have jurisdiction over practice that occurs
                                                          with persons living in Minnesota.

Mississippi     need to call: 1-888-860-7001              need to call (from their statutes: C. An applicant must be a
                                                          resident of or pay income tax in the State of Mississippi.
                                                          Documentation may be requested.)
Missouri            ####### If you located in Missouri and counseling from Missouri, you
                                                            have to be licensed or under supervision for licensure. If you
                                                            are in another state, you need to check with that state's
Montana                  #######
Nebraska        from website:                               After 9/1/95, no person shall engage in mental health practice
                or hold himself or herself out as a mental health practitioner
                s/mental/mentalhealth.htm                   unless he or she is licensed or meets one of the exceptions to
Nevada                                                      There is no licensure law in Nevada per
New Hampshire            8/8/2008 No person shall engage in the practice of counseling as a
                                                            licensed professional counselor or licensed associate
                                                            counselor or represent or hold himself out as a licensed
                                                            professional counselor or licensed associate counselor unless
                                                            licensed pursuant to this act.
New Mexico        8/8/2008 Taking my question to the board in September.
New York               ####### In order to provide any professional services in NY an
                                                            individual must be licensed in NY and registered to practice.

                                                            Licensure--or "pre-licensure"--in another jurisdiction does not
                                                            qualify one to practice in NY.

                                                            Practice without authorization or licensure in NY could result in
                                                            felony charges and would be reported to the jurisdiction in
                                                            which an individual is licensed, where the licensee may face
                                                            charges of unprofessional conduct in that jurisdiction. If
                                                            performed by a "pre-licensee" that person and the supervisor
                                                            would both be subject to charges.

                                                            You can access our laws, rules and regulations on the web:

                                                            David Hamilton, Ph.D. LMSW
                                                            Executive Secretary

                                                            State Board for Mental Health Practitioners
                                                            Office of the Professions
                                                            NYS Education Department
                                                            89 Washington Ave., 2nd Floor
                                                            Albany, NY 12234-1000
North Carolina         9/8/2008 NC's position is that if you are counseling someone who
                                                    resides in this
                                                    state you are required to be licensed in this state. This is the
                                                    position of most states in the US. If a complaint is filed against
                                                    you by a consumer in NC you will be charged with practicing
                                                    counseling without a license in this state. The Board is drafting
                                                    legislation to add the actual wording in a more specific format.

                                                    Jennifer Robertson
                                                    North Carolina Board of Licensed Professional Counselors
                                                    PO Box 1369
                                                    Garner, NC 27529
                                                    P: 919/661-0820
                                                    F: 919/779-5642

North Dakota (Marge   ####### Must be licensed in the state of ND.
Ohio      ####### Working on legislation. Ohio is working on a new rule, 4757-5-
                                                      13 see attached. It is not in effect yet. Our statute states:
                                                      § 4757.02. Unauthorized practice as counselor, social worker,
                                                      or marriage and family therapist.
                                                      (A) Except as provided in division (C) of this section and
                                                      section 4757.41 of the Revised Code:
                                                      (1) No person shall engage in or claim to the public to be
                                                      engaging in the practice of professional counseling for a fee,
                                                      salary, or other consideration unless the person is currently
                                                      licensed under this chapter as a professional clinical counselor
                                                      or professional counselor.

                                                       Under section 4757.02(A)(1) above you need to be licensed in
                                                       Ohio to provide services to a resident in Ohio.

                                                       Our current rule on phone or other electronic means speaks to
                                                       maintaining confidentiality cited below.
                                                       4757-5-02(D) (4) Counselors, social workers, and marriage
                                                       and family therapists shall take reasonable and appropriate
                                                       steps to protect the confidentiality of information transmitted to
                                                       others parties through the use of computers, electronic mail,
                                                       facsimile machines, telephones and telephone answering
                                                       machines, and other electronic or computer technology.


                                                       James R. Rough
                                                       Executive Director
                                                       Counselor, Social Worker & Marriage and Family Therapist
                                                       50 West Broad Street, Suite 1075
                                                       Columbus, Ohio 43215-5919
Okalahoma          8/8/2008 Oklahoma currently has no regulations regarding distance
Pennsylvania    9/9/2008 Your e-mail has been forwarded to the Beth Michlovitz, legal
                                                       counsel to the Board to respond to your inquiry.
Rhode Island       8/8/2008
South Carolina              ####### To offer counseling in our state you must be licensed in our

                                                       Kate K. Cox, Board Administrator
                                                       Board for Professional Counselors,
                                                       Marriage and Family Therapists, &
                                                       Psycho-Educational Specialists
                                                       (803) 896-4658
                                                       Board of Occupational Therapy
                                                       (803) 896-4683
                                                       Board of Veterinary Medical Examiners
                                                       (803) 896-4598
South Dakota   ####### Our State has a mandatory practice law. If you do counseling
                                                     in this State you must have a license issued under our
                                                     Chapters and Administrative Rules.

                                                      Joyce M. Vos, Exec Sec
                                                      SD Board of Examiners for Counselors and Marriage & Family
Tennessee     ####### The State of Tennessee does not allow phone counseling.
                                                      You will need to be licensed in this state to treat anyone in this
Texas           8/8/2008
Utah                ####### The statute and administrative rule relating to the licensing and
                                                      practice of professional counseling in the State of Utah is
                                                      available at the following link:
                                                      The position of the Utah Division of Occupational and
                                                      Professional Licensing is that if a professional counselor
                                                      conducts therapy over the phone with a client in Utah, the
                                                      professional counselor must be licensed in the State of Utah.
                                                      Let me know if you have further questions regarding this

                                                        Rich Oborn, Bureau Manager
                                                        Utah Department of Commerce
                                                        Division of Occupational and Professional Licensing
                                                        Phone: (801) 530-6767
                                                        Fax: (801) 530-6511
Vermont     ####### All of our rules apply if you are providing counseling to those in
                                                     Vermont. In order to provide counseling services to Vermont
                                                     residents you would need to be licensed to do so. You can
                                                     download the laws/rules/application from our website:
Virginia        ####### The VA Board does not recognize phone therapy. You must be
                                                     licensed in the state of VA to practice autonomously in VA.

West Virginia      8/8/2008
Wisconsin          8/8/2008
Wyoming   ####### Our law requires that if services are provided in Wyoming, then
                                       the provider must be licensed in Wyoming, regardless of the
                                       method of delivery.

                                        Veronica Skoranski
                                        Occupational Licensing Director
                                        1800 Carey Avenue, 4th Floor
                                        Cheyenne WY 82002
                                        Phone: (307) 777-7788
                                        Fax: (307) 777-3508

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