# COMAR Title 10 — Maryland Department of Health

## Subtitle 27 — Board of Nursing

### Chapter 17 — Teletherapy

#### Regulation .04 Teletherapy.

*COMAR 10.27.17.04*

A. In order to provide teletherapy services to a client, a CRNP/PMH or PMH/APRN shall have:

  (1) Established a client-therapist relationship;

  (2) Performed a mental status assessment;

  (3) Established a diagnosis;

  (4) Developed a treatment plan; and

  (5) Obtained an informed consent from the client to provide teletherapy.

B. Before providing teletherapy services, the CRNP/PMH or PMH/APRN shall develop a procedure to:

  (1) Verify the identity of the client receiving teletherapy services;

  (2) Ensure that all medical records are protected from unauthorized access through encryption or other means;

  (3) Ensure that the CRNP/PMH or PMH/APRN provides a secure and private teletherapy connection and complies with federal and state privacy laws;

  (4) Notify a client in the event of a data breach in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and the Maryland Confidentiality of Medical Records Act; and

  (5) Establish safety protocols to be used in the case of an emergency.

C. At the outset of each teletherapy session, the CRNP/PMH or PMH/APRN shall:

  (1) Identify all individuals present at each location and confirm that they are permitted to hear or access personal health information;

  (2) Obtain or confirm an alternative method of contacting the client in case of a technological failure; and

  (3) Determine whether the client is in Maryland.