Introduction
Telemental health, also known as distance counseling, e-therapy, or online therapy, is the provision of behavioral health services remotely via telecommunications technology. This type of technology can include telephone, text messaging, video conferencing, or any other form of digital communication (Telehealth Institute, 2022). There are many benefits to using telemental health services, especially for those who might not be able to access traditional face-to-face therapy. It can be more convenient and less expensive, and it can also help people who feel uncomfortable or embarrassed about seeking therapy in person. The telemental health services provided in New York and Florida are similar in many ways. The confidentiality, or privacy, of patient mental health information, is ensured by federal and state legislation in both states. The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that provides industry-wide standards for the security of electronic health information. The two states (New York and Florida) have similar laws and training when it comes to telemental health services.
New York
In New York, the training requirements to gain competence in Telemental Health a lot of training is required. To gain competence in Telemental Health, one first needs to be a licensed mental health professional in their state. For example, to become a licensed mental health professional, the person needs to complete a master’s degree (Telehealth Institute, 2022). These degrees should be in psychology, social work, or marriage and family therapy from an accredited program. They should similarly complete three years of supervised experience after graduation and pass the required licensing exams. Once licensed as a mental health professional, one then needs to complete a Telemental Health Training Certificate (Telehealth Institute, 2022). This certificate is offered by many different organizations throughout the country, and it provides training in how to provide mental health services via telehealth.
Likewise, there are a number of different privacy laws that apply to Telemental Health. In New York, for example, the Health Insurance Portability and Accountability Act sets out specific rules regarding the confidentiality of patient information (Sherman, 2017). Other state and federal laws may also apply, depending on the nature of the services being provided. It is important to make sure they are familiar with all applicable laws before offering Telemental Health services (Telehealth Institute, 2022). This will help ensure they are providing the highest level of care possible and protecting their patients’ privacy.
The Tarasoff Laws are a set of regulations governing the provision of mental health services via telecommunication. These laws vary by state but generally require that trainees in mental health professions receive competent supervision and training in order to provide care via telecommunication. In New York, the Tarasoff Laws stipulate that all licensed mental health professionals who provide services via telecommunication must complete a minimum of ten hours of specialized training in telemental health (Telehealth Institute, 2022). This training must cover topics such as assessment, diagnosis, treatment planning, risk management, and ethical issues related to the delivery of care via telecommunications. In addition, supervised field work or clinical experience is required in order to obtain eligibility for licensure.
Similarly, it is important to note that in order to become competent in telemental health, one must adhere to the mandatory reporting laws of their state. In New York, trainees must complete an educational program that addresses the minimum requirements for protective services workers as set forth by the New York State Office of Children and Family Services (Telehealth Institute, 2022). Furthermore, during their field placement, trainees must also successfully complete a statewide certification process (Maheu et al., 2018). On the other hand, the age of consent to treatment in New York for trainees in Telemental Health is eighteen years old. Trainees must gain clinical experience and be under the supervision of a licensed mental health professional in order to be competent in Telemental Health.
Florida
Offering Telemental Health services in Florida requires a person to undergo different training, just like in the case of New York. One needs to have master’s level training in a mental health discipline or be a registered mental health counselor, social worker, or marriage and family therapist in the state of Florida (Telehealth Institute, 2022). If someone does not have a master’s level training, they will need to complete the Telemental Health Training Certificate offered by the University of South Florida before beginning practicing telemental health (Telehealth Institute, 2022). The program takes a few years to complete, but it offers an overview of mental health disorders and best practices for diagnosis and treatment using various digital platforms (Paige et al., 2022). The trainee is similarly expected to complete a board-approved course in telemental health. The course covers ethical and clinical issues, technological aspects of providing service via technology, diagnosing and treating mental disorders via technology, assessment methods used with technology, and patient management via technology.
There are no specific privacy laws requirements to gain competence on Telemental Health in Florida. However, mental health professionals are required to comply with the same privacy laws as other healthcare providers. This includes complying with state and federal privacy laws, such as the Health Insurance Portability and Accountability Act. In general, HIPAA requires health care providers to maintain the confidentiality of patient information (Maheu et al., 2018). There are certain circumstances where disclosure of patient information is allowed without patient consent, but for the most part, clinicians must obtain patient consent before sharing any information with third parties. In both cases, New York and Florida focus on patients’ confidentiality protection by observing HIPAA laws.
Each state has different Tarasoff laws regulating mental health professional’s duty to warn and protect potential victims of violence. In Florida, mental health professionals must complete a few hours of training on Telemental Health every year in order to maintain their license (Maheu et al., 2018). The training must include the nature and scope of telemental health services, including the use of technology in providing such services, and the applicable ethics and standards for telemental health care. It similarly entails how to assess a client’s functioning and diagnose mental disorders using technology, how to provide crisis intervention using technology, and consulting with other professionals regarding a client’s care using technology.
Moreover, for the trainees in Florida, there are mandatory reporting laws that they need to know about in order to provide telemental health services which are close to those for New York. These laws require certain individuals who work with children and adolescents to report any suspected child abuse or neglect (Maheu et al., 2018). The Florida Department of Children and Families provides information on their website about the specific individuals who are required to report child abuse or neglect, as well as what needs to be reported. This includes mental health professionals, physicians, social workers, school teachers, other school personnel, law enforcement officers, and clergy members. The age of consent to telemental health services in Florida is eighteen, which is the same as that of New York (Zhu et al., 2021). This means that trainees who are eighteen years of age or older can provide telemental health services to clients without needing consent from a parent or guardian. Trainees who are under the age of eighteen must obtain consent from a parent or guardian before providing telemental health services to a client.
At this time, there are not many international telehealth laws on telemental health, except for HIPAA. However, in the United States, several states have licensure requirements for out-of-state providers who wish to deliver healthcare services via telehealth technologies; these states include New York and Florida. In New York, all providers delivering telemental health services must be licensed in the state in which the patient is located (Maheu et al., 2018). In Florida, out-of-state providers must be licensed in Florida or have a letter of good standing from their home state’s licensing board.
Conclusion
In conclusion, when it comes to training, there are several key similarities between New York and Florida. For one, both Florida and New York have strict privacy laws. This means that if one is providing telemental health services to residents of Florida or New York, they will need to be extra careful about protecting their client’s privacy. Additionally, they have the Tarasoff Laws, which mandate that mental health professionals report any threats of harm made by their clients. Finally, Florida and New York also have mandatory reporting laws in telemental health training. These laws require mental health professionals to report any cases of abuse or neglect that they become aware of during the course of their work. Similarly, the consent age for telemental health services is eighteen years in both countries.
References
Maheu, M. M., Drude, K. P., Hertlein, K. M., Lipschutz, R., Wall, K., & Hilty, D. M. (2018). Correction to: An interprofessional framework for telebehavioral health competencies.Journal of Technology in Behavioral Science, 3(2), 108-140. Web.
Paige, S. R., Ong, T., Wilczewski, H., Barrera, J. F., Welch, B. M., & Bunnell, B. E. (2022). Clinical and information services needed by telemental health providers.Telemedicine and e-Health. Web.
Sherman, J. (2017). Double secret protection: bridging federal and state law to protect privacy rights for telemental and mobile health users. Duke Law Journal, 67, 1115. Web.
Institute, T. (2022).Florida. Telementalhealthtraining.com. Web.
Institute, T. (2022). New York. Telementalhealthtraining.com. Web.
Zhu, D., Paige, S. R., Slone, H., Gutierrez, A., Lutzky, C., Hedriana, H., Barrera, J. F., Ong, T., & Bunnell, B. E. (2021). Exploring telemental health practice before, during, and after the COVID-19 pandemic.Journal of Telemedicine and Telecare, 1357633X211025943. Web.