Providing Electronic Therapy Services

The COVID-19 situation has not altered and/or lessened the standards of care for providing therapy to clients. The statutes and rules governing this Board and the practice of Marriage and Family Therapy in Minnesota do not prohibit electronic therapy, nor expressly authorize its use.  The Board is aware that Minnesota-licensed LMFTs are engaged in electronic therapy within the state.  In response to this practice by Minnesota-licensed LMFTs, the Board has stated that, at a minimum, all licensees must conduct therapy in accordance with the rules of ethical conduct and review the specific provision re: electronic therapy  (Minnesota Rule 5300.0350, subpart 4(T) and subpart 5(P)) as well as the Code of Ethics in general (https://www.revisor.mn.gov/rules/5300.0350/). It is the therapist’s responsibility to ensure that issues of client confidentiality, informed consent, and all other ethical requirements are adequately addressed, regardless of the medium by which therapy is conducted. 
 

The therapist and client must be aware that the LMFT license authorizes practice within Minnesota only; practice in other jurisdictions, absent licensure, is not authorized by the MN LMFT license.  (And, the MN Board of MFT has no authority to authorize a MN LMFT to practice in another jurisdiction.)  Occasional electronic therapy with an individual who is a resident of MN, but present temporarily in another jurisdiction, likely will not raise questions regarding licensure.  Similarly, assisting a client via electronic therapy for a limited period while the client transitions to a new therapist in a new jurisdiction, likely does not raise questions.  Further, an LMFT temporarily located outside Minnesota providing electronic therapy to a client located within MN would likely not raise concerns as this Board would maintain jurisdiction over the LMFT (as a MN licensee).  However, the Board recommends anyone engaging in electronic therapy be familiar with the laws governing such therapy in the jurisdictions where all parties to the therapy are located; so a review of law in the relevant jurisdiction is required.  (Note:  Many states, including Minnesota, define the practice of medicine as occurring where the patient is located.)  Consistent therapy with an individual located outside of Minnesota raises concerns regarding practice without a license. You may consult with the licensure authority in the state where the client resides/will be located to determine the relevant electronic therapy requirements and/or if a temporary authorization to practice MFT in that state is available to you.  There are states which have a process to grant temporary permission to provide MFT services absent licensure from that jurisdiction.  (Currently, Minnesota does not have a guest licensure provision for MFT practice.)

             

The Board advises its licensees to review the AAMFT code of ethics as it contains specific provisions re: electronic therapy and also consult with his/her business liability provider to insure coverage would extend to teletherapy work, however limited and/or sporadic.  In addition, the Board cannot speak to requirements placed upon credentialed providers regarding billing for electronic therapy; you would need to contact the specific insurer.