For Counselors, MFTs, Psychologists, and Clinical Social Workers

As you’ve navigated the legal-ethical vicissitudes of teletherapy during COVID-19, you’ve likely encountered clients leaving your state of licensure. Whenever a client leaves your state of licensure for another state — whether to travel or permanently move — you want and need to answer the question of whether it is permissible for you to work with that client in that state.

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Prior to COVID-19 many, but by no means all, state licensing boards had existent temporary practice provisions. During the peak of the pandemic, many states created or expanded temporary practice provisions. Now, as the state of emergency has ended in the majority of states, those created or expanded temporary practice provisions have ended or are soon to end. As a result, the default is that the regular/non-emergency temporary practice provisions — or lack thereof — are returned to; however, a number of licensing boards are taking action to make permanent the expansion of temporary practice provisions. A handful of states are taking it a step further and creating a path to registration as an interstate telehealth provider which provides for more permanent practice provision by out-of-state providers. Additionally, a number of states have modified their temporary practice and cross-state practice rules to reflect a maturation in the robustness and complexity of their rules.

This tool is a collection of non-emergency rules temporary practice provisions by state licensing boards. If a state had created or expanded temporary practice provisions under the state of emergency which are still in effect, those are reflected in addition to the regular/non-emergency temporary practice provisions. If those created or expanded emergency temporary practice provisions have a grace period before the non-emergency rules are returned to, those are also reflected in addition to the regular/non-emergency temporary practice provision or prohibition status.

This collection is not exhaustive. We are updating it as and when we are made aware of new declarations or rule amendments.

The current state of cross-jurisdictional practice is complex and rapidly evolving. For educational support to understand how cross-jurisdictional practice works and how to navigate it, please see our CE course, Cross-Border Practice in the Age of Telehealth: Interstate and International Mental Health Practice, 2021 Edition

Choose a State To Get Started

Choose a state on the map below, whose practice rules you want to know, e.g. where your client is.

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Select state:

California

Updated 10/16/2020

** While there is not a temporary practice provision for the masters level professions, under existing long-term rules or under emergency rules during COVID (as described in the September 2020 BBS newsletter "Discussion of Temporary Law Waivers Due to COVID-19" a licensing waiver/temp practice provision wasn't included) it has been reported to Person Centered Tech by a provider licensed in another state that California BBS directed the provider to contact EMSA. Through EMSA, the provider received authorization to work with existing clients located in California via teletherapy.
CURRENTLY: EMSA has a REQUEST FOR TEMPORARY RECOGNITION OF OUT-OF-STATE MEDICAL PERSONNEL DURING A STATE OF EMERGENCY which is intended for "Out-of-state licensed health care practitioners with a pre-existing patient who is moving to California may seek to obtain a 30-day waiver to temporarily continue to provide care to that patient remotely via telehealth."
PREVIOUSLY: While the authorization request form (REQUEST FOR TEMPORARY RECOGNITION OF OUT-OF-STATE MEDICAL PERSONNEL DURING A STATE OF EMERGENCY) is for California medical facilities, telehealth agencies contracted with a California medical facility, or a staffing agency providing staffing to California medical facilities -- not individual providers -- and the AUTHORIZATION POLICY AND PROCEDURE states "The EMS Authority will only accept requests for out of state medical personnel approval from a California medical facility, telehealth agency contracted with a California medical facility or a staffing agency providing staffing to California medical facilities, that intends to utilize these resources" the EMS approved the provider's application. The provider reported: "the person that I spoke with from EMSA walked me through the process of what needs to be filled out on the form, recognizing that my situation doesn't fit the description on the form due to not having another template available since the current conditions are unprecedented. I believe that the key in my case was that I already had a therapeutic relationship with the client and was providing counseling services to them prior to COVID-19. The person from EMSA did state and reiterate that the approval will only be allowed until the state of emergency is lifted. I would have to keep that in mind and work with my client on finding a counselor within their area... Please know that I'm not guaranteeing that this will work for everyone but I wanted to share my experience in case there are others like me who want to provide continuity of care to their client with similar needs." This information is provided for informational purposes only, in hopes that it may be helpful and that additional providers may be able to obtain the same approval through EMSA when communicating their particular circumstances.
 These are links to any statewide declarations which impact mental health practice in the state — or if we could find no such declaration, it says so.
ProfessionTemporary Practice or Reciprocal License?Special Requirements?
CounselorsNoN/A
Marriage & Family TherapistsNoN/A
Social WorkersNoN/A
PsychologistsYes | not a PSYPACT or pending PSYPACT stateYes
This table shows what kind of temporary practice rules the state has for each profession. This reflects rules from before COVID-19. This table is about long-term rules and not emergency rules. See our course on cross-border practice for information on how this works.

Counselors

Board Statement on COVID-19

https://www.bbs.ca.gov/pdf/updated_coronavirus_statement.pdf

If a specific profession’s board has put out a statement on the emergency, and we found it, we linked to it here.

Temporary Practice Permitted?

No

A repeat of information from the temporary practice rules table. This reflects rules from before COVID-19. This table is about long-term rules and not emergency rules. See our course on cross-border practice for information on how this works.

Special conditions/requirements?

N/A

A repeat of information from the temporary practice rules table. This reflects rules from before COVID-19. This table is about long-term rules and not emergency rules. See our course on cross-border practice for information on how this works.

Telemental Health Rules Source

https://www.bbs.ca.gov/pdf/regulation/2016/1815_ooa.pdf

Where to find rules regarding telemental health for this profession — assuming we could find any. Otherwise, we sometimes use this field to link to rules about licensure requirements (so you can find where the state defines what the rules are for practice from out-of-state professionals).


Marriage & Family Therapists

Board Statement on COVID-19

https://www.bbs.ca.gov/pdf/updated_coronavirus_statement.pdf

If a specific profession’s board has put out a statement on the emergency, and we found it, we linked to it here.

Temporary Practice Permitted?

No

A repeat of information from the temporary practice rules table. This reflects rules from before COVID-19. This table is about long-term rules and not emergency rules. See our course on cross-border practice for information on how this works.

Special conditions/requirements?

N/A

A repeat of information from the temporary practice rules table. This reflects rules from before COVID-19. This table is about long-term rules and not emergency rules. See our course on cross-border practice for information on how this works.

Telemental Health Rules Source

https://www.bbs.ca.gov/pdf/regulation/2016/1815_ooa.pdf

Where to find rules regarding telemental health for this profession — assuming we could find any. Otherwise, we sometimes use this field to link to rules about licensure requirements (so you can find where the state defines what the rules are for practice from out-of-state professionals).


Social Workers

Board Statement on COVID-19

https://www.bbs.ca.gov/pdf/updated_coronavirus_statement.pdf

If a specific profession’s board has put out a statement on the emergency, and we found it, we linked to it here.

Temporary Practice Permitted?

No

A repeat of information from the temporary practice rules table. This reflects rules from before COVID-19. This table is about long-term rules and not emergency rules. See our course on cross-border practice for information on how this works.

Special conditions/requirements?

N/A

A repeat of information from the temporary practice rules table. This reflects rules from before COVID-19. This table is about long-term rules and not emergency rules. See our course on cross-border practice for information on how this works.

Telemental Health Rules Source

https://www.bbs.ca.gov/pdf/regulation/2016/1815_ooa.pdf

Where to find rules regarding telemental health for this profession — assuming we could find any. Otherwise, we sometimes use this field to link to rules about licensure requirements (so you can find where the state defines what the rules are for practice from out-of-state professionals).


Psychologists

Board Statement on COVID-19

If a specific profession’s board has put out a statement on the emergency, and we found it, we linked to it here.

Temporary Practice Permitted?

Yes

A repeat of information from the temporary practice rules table. This reflects rules from before COVID-19. This table is about long-term rules and not emergency rules. See our course on cross-border practice for information on how this works.

Special conditions/requirements?

No

A repeat of information from the temporary practice rules table. This reflects rules from before COVID-19. This table is about long-term rules and not emergency rules. See our course on cross-border practice for information on how this works.

Telemental Health Rules Source

https://www.psychology.ca.gov/

Where to find rules regarding telemental health for this profession — assuming we could find any. Otherwise, we sometimes use this field to link to rules about licensure requirements (so you can find where the state defines what the rules are for practice from out-of-state professionals).

This survey does not constitute legal advice. It is incumbent upon all practitioners to perform their responsibility of due diligence in order to determine legal permission to practice under the regulations of the relevant jurisdictional authority prior to undertaking such practice. Users of this survey should independently verify the information contained herein and/or consult with independent legal counsel if the user intends to act upon or otherwise rely on such information. The law and regulations are continuously changing, and because Person Centered Tech utilized other sources to compile the contents of the survey, PCT cannot guarantee the completeness, currency or accuracy of this survey's contents. This survey is intended purely as an informational resource to help facilitate the beginning of your due diligence process.

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