Online Therapy Institute

Online Therapy Institute


  • Facebook
  • LinkedIn
  • Twitter
  • Home
  • Meet Kate
    • Kate’s CV
  • Meet DeeAnna
    • DeeAnna’s CV
  • Portfolio
  • For the Therapist
  • For the Supervisor
  • For the Coach
  • Ethics
  • TILT Magazine
  • Blog
  • Contact Us

Online Therapy: Is the Client “Electronically Present” in Your Office?

August 28, 2013 by Kate Anthony

social media 2The news yesterday brought a ruling in a New Jersey State Appeals Court that dismissed Linda and David Kubert’s civil liability claims against a Rockaway woman who sent a friend a text message moments before he crashed his pickup truck into their motorcycle in September 2009.

Attorney Stephen Weinstein praised an appeals court decision that holds texters responsible if they knowingly distract a driver. He was heartened that the judges created a new legal responsibility that is akin to making texters “electronically present” in the car.

So, what does this statement have to do with online therapy, jurisdiction, portability and offering online therapy services across state lines?

Since 2001 my informed consent has stated a the following (or variation thereof):

..

You also understand that I follow the laws and professional regulations of the State of New Jersey (USA) and the psychotherapy treatment will be considered to take place in the state of New Jersey (USA). Typically, I do not conduct online therapy with clients whose permanent domicile is located outside my license jurisdiction. 
.

There is no case law related to the electronic delivery of mental health services that would suggest this statement would hold water in court, but it has always been my lay opinion that clients who see me online have effectively arrived via the cyber highway to my virtual office and respectively to my brick and mortar office as well. I might conclude that they are electronically present in the office with me.

What do you think?

Original source: Court clears teen in texting case, but says texters have ‘special responsibility’ for knowingly distracting drivers

DeeAnna

.

 

Filed Under: Mobile SMS, online therapy Tagged With: crossing state lines, electronically present, jurisdiction, online therapy, texting

In the News

Online Therapy Institute in the News

Become A Certified Cyber Therapist

Certified Cyber Therapist

Get News Updates!

©2020 Online Therapy Institute | Terms of Use | In Crisis? Befrienders.org