What to know about doing telehealth in a different state

Here are answers to the most commonly asked questions about practicing telehealth across state lines.

By APA’s Office of Legal and State Advocacy and the California Psychological Association

• Practice Management
• Telehealth
• Technology and Design

Legal and State Advocacy Staff & California Psychological Association. (2021, January 15). What to know about doing telehealth in a different state. https://www.apaservices.org/practice/legal/technology/telehealth-different-state

The COVID-19 outbreak has dramatically increased the use of telehealth services as patients look for ways to continue their treatment while following physical distancing guidelines. Stay-at-home orders and displacement of patients and providers have likely amplified practice across state lines.

When engaging in interstate practice, psychologists should comply with all relevant laws and regulations—both in the psychologist’s own state and where the patient is located. APA Services, Inc., in collaboration with the California Psychological Association, provides answers to the most commonly asked questions about how to do this.

1. My patient will be temporarily visiting another state (e.g., for vacation, business, or a family visit). Can I provide services to that patient via telehealth while they are out of state?

You should be licensed or legally permitted to practice in the states where you and your patient are physically located when services are provided. If your patient is temporarily in another state, you may be legally permitted to practice there under temporary practice laws. Temporary practice laws allow psychologists licensed in one state to practice for a limited amount of time in another state (e.g., 20 days per year) and may specify additional requirements such as obtaining a temporary permit or license. However, not all states allow for temporary practice. For information about another state’s temporary practice laws, please contact the state’s board of psychology.

In addition, you may be able to engage in interstate practice through the Psychology Interjurisdictional Compact (PSYPACT) (see questions nine and 10).

2. My patient moved to another state permanently. Can I continue to provide services to that patient via telehealth?

The interstate practice rules that we discuss in this FAQ apply whether your patient is out of state temporarily or permanently. The clinical issues, however, may be different. If a patient is moving permanently out of state, they may benefit from transitioning their care to a psychologist in their new state of residence.