UNOFFICIAL COPY 24 RS BR 1990
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AN ACT relating to social work. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 335.158 is amended to read as follows: 3
(1) A [treating clinical ]social worker who provides or facilitates the use of telehealth 4
shall[ ensure]: 5
(a) Ensure that the informed consent of the client[patient], or another appropriate 6
person with authority to make the health care treatment decision for the 7
client[patient], is obtained before services are provided through telehealth;[ 8
and] 9
(b) Ensure that the confidentiality of the client's[patient's] medical information is 10
maintained as required by this chapter and other applicable state and federal 11
law. At a minimum, confidentiality shall be maintained through appropriate 12
processes, practices, and technology [as designated by the board and ]that 13
conform to applicable state and federal law, including but not limited to the 14
Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 15
104-191, as amended; 16
(c) Disclose to the client the potential risks to privacy and confidentiality of 17
information due to the use of technology, including: 18
1. The potential risks of disruption in the use of technology; 19
2. When and how the social worker utilizes electronic messages; 20
3. The circumstances in which the social worker may utilize alternative 21
modes of communication for emergency purposes, including medical, 22
psychiatric, and other emergencies; 23
4. The identity of anyone who may have access to client communications 24
with the social worker; and 25
5. The identity of the social worker, his or her credentials, and the 26
jurisdiction of licensed practice; 27 UNOFFICIAL COPY 24 RS BR 1990
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(d) Assess the client's current condition and needs to determine the 1
appropriateness of telehealth in meeting those needs and that the client has 2
the necessary knowledge and skill to benefit from telehealth; 3
(e) Adhere to the same or appropriately adapted standards of care as when 4
treatment or services are provided in person; 5
(f) Not engage in fee-splitting with other telehealth providers or entities; 6
(g) Not engage in false, misleading, or deceptive advertising of telehealth 7
services; and 8
(h) Beginning on July 1, 2025, complete a board-approved two (2) hour 9
training course on the use of telehealth to provide social work services. 10
(2) Each time a social worker provides or facilitates services via telehealth, the social 11
worker shall[The board shall promulgate administrative regulations in accordance 12
with KRS Chapter 13A to implement this section and as necessary to]: 13
(a) Make a reasonable attempt to verify and document the physical location of 14
the client at the time services are provided[Prevent abuse and fraud through 15
the use of telehealth services]; 16
(b) Obtain from the client alternative means of contacting the client;[Prevent 17
fee-splitting through the use of telehealth services; and] 18
(c) Provide information on how communication can be directed to the social 19
worker;[Utilize telehealth in the provision of clinical social work services and 20
in the provision of continuing education] 21
(d) Use only secure communication technology platforms, including encrypted 22
text messages, email, non-public facing remote communication products, 23
and secure internet sites when communicating with the client; and 24
(e) Document in the client's record that a service was provided via telehealth, 25
including any technological difficulties experienced during the provision of 26
the service and adherence to all appropriate standards of care. 27 UNOFFICIAL COPY 24 RS BR 1990
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(3) The provisions of this section shall not apply to a social worker employed or 1
contracted in Kentucky to answer and respond to national 988 crisis line calls to 2
the extent that the provisions of this section are in conflict with the requirements 3
and training provided by the crisis line service provider. 4
(4) For purposes of this section:[,] 5
(a) "Client" means: 6
1. An individual, family, or group who receives social work services from 7
a social worker; 8
2. A corporate entity or other organization if the social worker is 9
contracted to provide a social work service of benefit directly to the 10
corporate entity or organization; or 11
3. A legal guardian who is responsible for making decisions regarding 12
the provision of social work services to a minor or legally incompetent 13
adult; and 14
(b) "Telehealth" means the use of interactive audio, video, or other electronic 15
media to deliver health care. It includes the use of electronic media for 16
diagnosis, consultation, treatment, transfer of health or medical data, and 17
continuing education. 18