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2020 SESSION

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20101940D
HOUSE BILL NO. 303 Offered January 8, 2020 Prefiled December 31, 2019 A BILL to amend the Code of Virginia by adding in Chapter 36 of Title 54.1 a section numbered 54.1-3617, relating to clinical psychologists; telepsychology; out of state. ---------- Patron-- Hope ---------- Referred to Committee on Communications, Technology and Innovation ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 36 of Title 54.1 a section numbered 54.1-3617 as follows:

§ 54.1-3617. Clinical psychologists; telepsychology.

A. For the purposes of this section, "telepsychology services" means the delivery of health care services by a licensed clinical psychologist through electronic technology or media, including interactive audio or video, for the purpose of diagnosing or treating a patient, or consulting with other health care providers regarding a patient's diagnosis or treatment. "Telepsychology" may include an audio-only telephone call but not an electronic mail message, facsimile transmission, or online questionnaire.

B. A clinical psychologist who is licensed by the Board may render telepsychology services within the scope of his practice.

C. A clinical psychologist may render telepsychology services to a person who is located in another state if:

1. The patient has received care from the clinical psychologist in person in the clinical psychologist's practice within one year of the date telepsychology services are provided;

2. The person continues to be a patient of the clinical psychologist as evidenced by the fact that the clinical psychologist maintains an active file on the patient that includes a medical history;

3. The patient is advised of and consents to patient confidentiality applicable to the delivery of telepsychology services;

4. The patient is advised that telepsychology services may not be covered by health insurance.

The clinical psychologist shall document in the patient's record that the requirements of this section have been met.

D. No clinical psychologist shall be subject to disciplinary action by the Board for providing services to a patient in accordance with this section. A clinical psychologist who provides services to a patient who is out of state via telepsychology shall be subject to the provisions of this chapter.