Teletherapy Practice Rules by State

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:

Texas

Updated 11/6/2020

Updated: Texas Counseling Association's interpretation of Texas laws regarding out-of-state practice during the emergency 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.
Profession Temporary Practice or Reciprocal License? Special Requirements?
Counselors No N/A
Marriage & Family Therapists No N/A
Social Workers No N/A
Psychologists No, but has Enacted PSYPACT Legislation. N/A
 

Counselors

Board Statement on COVID-19

Updated: Texas State Board of Examiners of Professional Counselors and Texas Counseling Association's interpretation of Texas laws regarding out-of-state practice during the emergency and temporary emergency license application: https://www.tsbep.texas.gov/files/agencydocs/App_Emergency_Temp_License.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://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=22&pt=30&ch=681&sch=H&rl=Y

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.dshs.texas.gov/mft/ and temporary emergency license application: https://www.tsbep.texas.gov/files/agencydocs/App_Emergency_Temp_License.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://texas.public.law/statutes/tex._occ._code_section_502.251

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.dshs.texas.gov/socialwork/ and temporary emergency license application: https://www.tsbep.texas.gov/files/agencydocs/App_Emergency_Temp_License.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://texas.public.law/statutes/tex._occ._code_section_505.351

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

https://www.tsbep.texas.gov/ and temporary emergency license application: https://www.tsbep.texas.gov/files/agencydocs/App_Emergency_Temp_License.pdf Temporary Practice Permitted? No Special conditions/requirements? N/A Telemental Health Rules Source: https://texas.public.law/statutes/tex._occ._code_section_501.251

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

However this state has Enacted PSYPACT Legislation.

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://texas.public.law/statutes/tex._occ._code_section_501.251

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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  • Person Centered Tech is an approved provider continuing education provider with the Florida Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling. CE Broker Provider #50-23706.
  • Ohio Counselor, Social Worker, and Marriage and Family Therapist Board accepts continuing education credits from providers approved by the Florida Board of Clinical Social Work, Marriage and Family Therapy and Mental Health.
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